BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.12449 of 2011 1. KARUTHASAMI 2. SURIYAN, 3. PALANIAPPAN 4. CHINNASAMY 5. SELVAM 6. GANESAN 7. CHANDRASEKARAN @ KUTTULU, 8. PERIYASAMY @ MARIAPPAN, ... PETITIONERS/ACCUSED 1 to 3 & 6 to 10 Vs THE STATE OF TAMILNADU REP.BY ITS INSPECTOR OF POLICE, ULAGAMPATTI POLICE STATION, SIVAGANGAI DISTRICT.(CR.NO.40/2011) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. N.DILIP KUMAR Advocate For Respondent : A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR,( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/accused Nos. 1 to 3 and 6 to 10 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 143, 188 and 353 of IPC in Crime No.40 of 2011 on the file of the respondent police and hence, seek anticipatory bail. 2.The learned counsel for the petitioners would submit that the petitioners are arrayed as A1 to A3 and A6 to A10 and they are innocent and they have been falsely implicated in this case. He further submitted that the case of the prosecution is that on the basis of the complaint given by the Village Assistant,the case has been registered under Sections 143, 188 and 353 of IPC and the alleged occurrence has been taken place on 17.8.2011 and the petitioners conducted the Jallikattu without obtained prior permission from the Police Authorities and Revenue Authorities and at that time, they loosened the bull. 3. It is the further submission of the learned counsel for the petitioners that the petitioners are suspected accused and there is no evidence to show that the petitioners committed the offence. He further submitted that A4 and A5 were already granted anticipatory bail and the petitioners apprehend for arrest and hence,he prays for enlargement on anticipatory bail. 4. Refuting the same,the learned Additional Public Prosecutor submitted that the alleged occurrence has been taken place on 17.8.2011 and without obtained proper permission they conducted Jallikattu and when the Revenue Officials and Police Officials were present at the time they loosened the bull and conducted Jallikattu and investigation is going on and hence, he prays for dismissal of this application. https://hcservices.ecourts.gov.in/hcservices/ 5. Considering the rival submissions made by both sides, on perusal of FIR which shows that on 17.8.2011, the alleged occurrence has been taken place on 11a.m to 12.30 p.m and they had met the Revenue and Police Officials and when the enquiry was conducted, they said that they are not having the intention to conduct Jallikattu. However, they conducted Jallikattu and even though the police officials and Revenue Officials were present, at that time 50 bulls were loosened. Since, the alleged occurrence has been taken place on 17.8.2011 and already A4 and A5 were granted anticipatory bail, I am inclined to grant anticipatory bail to the petitioners with stringy conditions. 6.Accordingly, the petitioners ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thirupathur, and each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall stay at Dindigul and the petitioners shall appear before the learned Judicial Magistrate No.1, Dindigul, daily at 10.30 a.m. for 30 days. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously. 7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, anticipatory bail petition stands dismissed. sd/- 20/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.1, DINDIGUL 2. THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3. THE JUDICIAL MAGISTRATE, THIRUPATHUR 4. THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI 5. THE INSPECTOR OF POLICE, ULAGAMPATTI POLICE STATION, SIVAGANGAI DISTRICT. 6. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. N.DILIP KUMAR Advocate SR.No.32490 GH : 22.09.2011 : 2P/8C ORDER IN CRL OP(MD) No.12449 of 2011 Date :20/09/2011 https://hcservices.ecourts.gov.in/hcservices/