BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of October Two Thousand Eleven PRESENT THE HONOURABLE MR. JUSTICE S.NAGAMUTHU CRL OP(MD) No.13830 of 2011 1 A.R.R. SRINIVASAN 2 HARIKRISHNAN 3 SETHURAMAN 4 MARIMUTHU ... PETITIONERS / ACCUSED 1 TO 4 Vs THE STATE REP. THROUGH THE INSPECTOR OF POLICE VIRUDHUNAGAR RURAL POLICE STATION, VIRUDHUNAGAR DISTRICT CR NO. 532/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. VEERAKATHIRAVAN Advocate For Respondent : Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners are accused in Crime No.532 of 2011 on the file of the respondent police for the offences punishable under Sections 147, 148, 324, 109, 506(ii) & 379 (N.P.) of IPC. Apprehending arrest at the instance of the respondent police, they are before this Court with this petition seeking anticipatory bail. 2.According to the case of the prosecution, the petitioners are contesting in the ensuing local body election. It is alleged that the petitioners had kept money in their house for the purpose of distributing the same to the voters. On coming to know the said information, the defacto complainant went to the house of one of the accused and questioned the same. This resulted in a quarrel. In the said quarrel, it is stated that all these accused joined together and attacked the defacto complainant and caused a simple hurt. It is also stated that in the same occurrence bracelet belonging to the defacto complainant was snatched by the accused. With these allegations, the present case has been registered. 3.All these four petitioners are personally present before this Court. According to them, the first petitioner is presently the Chairman of Virudhunagar Panchayat Union and the second petitioner is the councillor of the said union. The petitioners 3 & 4 are the President and Vice President respectively of Rosalpatti Panchayat. They belong to a particular political party and they are involved in the ensuing election contest. According to them, only in order to prevent them from canvassing in the election and to prevent them from winning in the election, the present case has been foisted. It is further alleged that https://hcservices.ecourts.gov.in/hcservices/ the defacto complainant belongs to the ruling party and therefore, the respondent police is acting against the petitioners. 4.The learned Additional Public Prosecutor by reiterating the allegations in the FIR would stoutly oppose the grant of anticipatory bail to the petitioners. 5.I have considered the above submissions. 6.Admittedly, the petitioners are responsible persons holding certain post such as Panchayat Union Chairman, etc. It is also fact that they are now contesting in the ensuing election. There is no controversy that they are belonging to a particular political party which is not in power. In these background, considering the submissions made by the petitioners that with a view to prevent them from winning in the election, this case has been foisted, I am of the view that grant of anticipatory bail to the petitioners will not in any manner thwart the further investigation. The petitioners are representatives of the people and therefore, I am hopeful that they will co-operate with the investigation. Further the question of tampering also does not arise in this case. In such view of the matter, I am inclined to grant anticipatory bail to the petitioners. 7. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Virudhunagar, on each 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police every day at 10.30 a.m., for a period of eight weeks. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. sd/- 14/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR. 2. THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNGAR AT SRIVILLIPUTHUR. 3. THE INSPECTOR OF POLICE VIRUDHUNAGAR RURAL POLICE STATION, VIRUDHUNAGAR DISTRICT 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. VEERAKATHIRAVAN Advocate SR. No.35757 ORDER IN CRL OP(MD) No.13830 of 2011 Date :14/10/2011 RJ/14.10.11/(2p/6c) https://hcservices.ecourts.gov.in/hcservices/