1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Saturday, the Twenty Ninth day of October Two Thousand Eleven PRESENT The Hon`ble Mr.Justice S.NAGAMUTHU CRL OP(MD) No.13962 of 2011 1.R.G. RATHINAM 2.DHILIPKUMAR 3.MUNIASAMY 4.GANESAN 5.SELVAM @ SELVARAJ 6.VANIKARUNANIDHI @ KARUNANIDHI 7.ANANTH ... PETITIONERS/ACCUSED NO.1 TO 5 Vs THE INSPECTOR OF POLICE B1 TOWN POLICE STATION, RAMANATHAPURAM DISTRICT CRIME NO.319 OF 2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R.SENTHILKUMAR Advocate For Respondent : MR. K.S.DURAI PANDIAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for offences under Sections 147, 148, 324, 506(ii) ICP and Section 3 of TNPPDL Act read with Section 5 of Explosive Substances Act in Crime NO.319 of 2011, the petitioners have come up with this petition seeking anticipatory bail. 2.According to the case of prosecution, the de-facto complainant is the mother of the local Member of Parliament. Due to political motive, though the petitioners have belonged to the same political party, to which, the Member of Parliament also belongs, the petitioners are alleged to have gone to the house of the de-facto complainant armed with weapons including petrol bombs and caused extensive damage to the house by throwing the bomb to the house. 3.The learned counsel for the petitioners would deny all the allegations. He would further submit that due to political motive, this false case has been foisted against the petitioners and they have been https://hcservices.ecourts.gov.in/hcservices/ 2 falsely implicated in this case. He would submit that as a matter of fact there is also a counter complaint preferred by the petitioners. 4.It is brought to the notice of this Court that the damage caused to the property is found Rs.25,000/-. It is also brought to the notice of this Court that no one was injured in the occurrence. It is further brought to the notice of this Court that the total number of accused is around 58. The learned counsel for the petitioners would submit that because of large number of accused persons, likelihood of falsely implicated is very obvious. 5.I have considered the above submissions. 6.Having regard to the fact that there has been political animosity between the parties and having regard to the submission of the learned counsel for the petitioner that likelihood of falsely implicated is also possible and besides the fact that the investigation would have made substantial progress by this time, I am implicated to grant anticipatory bail to the petitioners, but with conditions. 7.The learned counsel for the petitioners would submit that the petitioners are prepared to deposit the value for the damage caused. In my considered opinion, it would be in the fitness of things to deposit of a sum of Rs.10,000/- (Rupees Ten thousand only) by each of the petitioners. 8.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.I, Ramanathapuram, on executing a separate 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 (i)On further condition that each of the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten thousand only) before the learned Judicial Magistrate No.I, Ramanathapuram to the credit of Crime NO.319 of 2011, and https://hcservices.ecourts.gov.in/hcservices/ 3 (ii)on further condition that the petitioners shall remain at Madurai and report before the Chekkanoorani Police Station, Madurai District, every day at 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. sd/- 29/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM 2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM 3 THE OFFICER INCHARGE, CHEKKANOORANI POLICE STATION, MADURAI DISTRICT 4 THE INSPECTOR OF POLICE B1 TOWN POLICE STATION, RAMANATHAPURAM DISTRICT 5 THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. R.SENTHILKUMAR Advocate SR.No.137057 ORDER IN CRL OP(MD) No.13962 of 2011 Date :29/10/2011 TR :01.11.2011: 3p/7c https://hcservices.ecourts.gov.in/hcservices/