CRL OP(MD)/23914/2016 of VENKIDU Vs THE INSPECTOR OF POLICE, on 29 December 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Ninth day of December Two Thousand SixteenPRESENT

The Hon`ble Mr Justice R.MAHADEVANCRL OP(MD) No.23914 of 2016

1 VENKIDU 2 NATARAJAN3 SIVAKUMAR4 BALUCHAMY 5 KATHIRESAN 6 KRISHNAN

7 MUTHU

8 RAJARAM

9 PERIYAKARUPPAN10 BOSE 11 THANGADURAI ... PETITIONERS/ACCUSED RANK NOT KNOWN

Vs

THE STATE REP.BY , THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION,SIVAGANGAI DISTRICT.CRIME NO.558 OF 2016 ... RESPONDENT/COMPLAINANT

For Petitioner : M/S.R.UDHAYAKUMAR AdvocateFor Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side)For Intervenor : M/S.P.SHANMUGA RAJA SETHUPATHI, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, in Crime Number558 of 2016 on the file of the respondent police, apprehend arrestat the hands of the respondent police for the alleged offencespunishable under Sections 147, 148, 425, 506(ii) of I.P.C andSection 3(2) and 3 of TNPPDL Act and Section 8(h) of Tamil NaduEviction Act, 2007 and hence, seek anticipatory bail.

2. Heard the learned counsel for the petitioners and thelearned Government Advocate(Crl. Side) for the respondent/State.

3.The case of the prosecution is that there is a disputebetween the petitioner's village and other village people regardingthe conduct of Ayyappan Temple function.4. The learned counsel for the petitioners would submit thathttps://hcservices.ecourts.gov.in/hcservices/the petitioners are innocent and they have been falsely implicatedin this case.

5.Considering the facts and circumstances of the case, thisCourt is inclined to grant anticipatory bail to the petitioners,with certain conditions. Accordingly, the petitioners are ordered tobe released on bail in the event of arrest or on their appearancebefore the learned Judicial Magistrate, Manamadurai, SivagangaiDistrict and on each of them executing a bond for a sum ofRs.1,00,000/- (Rupees one lakh only) with two sureties for a likesum to the satisfaction of the learned Magistrate concerned and onfurther condition that the petitioners shall deposit a sum ofRs.25,000/- (Rupees twenty five thousand only) to the credit ofCr.No.558 of 2016 and on further condition that the petitioners 1,2, 4, 6, 7, 8, 9 and 10 shall appear before the respondent policeonce in a week I.e on every Monday at 10.30 a.m., until furtherorders and the other petitioners shall appear before the respondentpolice daily at 10.30 a.m until further orders. The petitionersshall comply with the condition stipulated under Section 438 Cr.P.C.scrupulously.6.The petitioners shall appear before the concerned Magistratewithin a period of 15 days from the date on which the order copymade ready, failing which, the petition for anticipatory bail standsdismissed.

29/12/2016

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1 THE JUDICIAL MAGISTRATE,MANAMADURAI, SIVAGANGAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3 THE INSPECTOR OF POLICE,

THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.UDHAYAKUMAR Advocate SR.No.83731

VS/AKV

JAM/SKN/SAR-III/30.12.2016 :2P/6C