BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of May Two Thousand Eleven PRESENT The Hon`ble Mr.Justice A.SELVAM CRL OP(MD)Nos.5886, 5887, 5888, 5889, 6171, 6372, 6373, 6385, 6387, 6388, 6390 and 6393 of 2011 1 KANDASAMY S/O. ALAGUMALAI 2 PRABHU SANKAR S/O. RAMASUBBU 3 ALPADI S/O. ANDHARAJ 4 ANNAMALAI S/O. VAIYAPURI 5 NAGARAJ S/O. KATHIRESHAN 6 NATARAJ S/O. GURUSAMY 7 MUTHUKALAI S/O. MOOKKAIAH THEVAR 8 KATHIRVEL S/O. NARAYANAN 9 KOTHANDAPANI S/O. RAMASANGU 10 MARIMUTHU S/O. MURUGATHEVAR 11 VENKATACHALAM S/O. GURUSAMY 12 GURUSAMY S/O. SAMAYA THEVAR 13 SEKAR S/O. GOPAL 14 SEMPATTAI KALIAPPAN S/O. ALAGUMALAI 15 KANNAN S/O. MUTHUKARUPPAN https://hcservices.ecourts.gov.in/hcservices/ 16 VELLAICHAMY S/O. SOLAIMALAI 17 SHANMUGAM S/O. MARIMUTHU 18 KALIMUTHU S/O. SUBRAMANI 19 PRAKASH S/O. GURUSAMY 20 MANIKANDAN S/O. RAJENDRAN 21 BALAMURUGAN S/O.VELU POOSARI 22 KAVALKARA VEERANAN S/O.PITCHAI 23 RAVI S/O.PERIYASAMY 24 MUTHUKARUPPAN S/O.PERIYASAMY 25 KALI S/O.PONNUCHAMY 26 SETHU KALIRAJ S/O.PITCHAI 27 MURUGAN S/O.SANDIYAR 28 GANESAN S/O.SANKARALINGAM 29 VELMURUGAN @ BATCHA PANDI S/O.KANDASAMY 30 BALAMURUGAN S/O.ANNAMALAI 31 KULANDAIVELU S/O.ANNAMALAI 32 VAIYAPURI S/O.PALANI 33 PANDI S/O.GURUSAMY 34 MURUGAN @ JEYA MURUGAN S/O.VALA CHINNAN https://hcservices.ecourts.gov.in/hcservices/ 35 GANAPATHI S/O.VALA CHINNAN 36 KEETHARI SAMAYAN S/O.GURUSAMY 37 PITCHAI S/O.KEETHARI SAMAYAN 38 MURUGAN S/O.NANDUKULI 39 MALAICHAMY S/O. KANDA THEVAR 40 GANESAN S/O.AALKATTI @ GURUSAMY 41 GOPALAKRISHNAN S/O. RAMANATHAN 42 BALASUBRAMANIAN S/O.MURUGA THEVAR 43 KALIAPPA THEVAR S/O. MUTHAIAH THEVAR 44 PANDIAN S/O.RAMANATHAN 45 RASUTHEVAR S/O. RAMASAMY 46 PERIYASAMY THEVAR S/O.VELUTHEVAR 47 PALANI S/O.ARUMUGA THEVAR 48 SOORI @ ARUMUGAM S/O.MURUGA THEVAR 49 RAMASAMY THEVAR S/O.KATTARI 50 RAMASAMY S/O.GURUSAMY 51 PITCHAI S/O. SANKARA THEVAR 52 MURUGAN S/O.CHOKKA MANGA 53 PANDI S/O.KANDASAMY https://hcservices.ecourts.gov.in/hcservices/ 54 VELMURUGAN S/O.PERIASAMY 55 SEDHU S/O.LAKSHMANAN 56 VELU S/O.MURUGANDI THEVAR 57 SUNDARAMOORTHY S/O.MURUGANDI THEVAR 58 MAHALINGAM S/O.THANGAVEL 59 KALIDOSS S/O.ARUNACHALA PANDI 60 MURUGAIAH S/O.RAMANATHAN 61 KALIAN S/O.SEDHU 62 NAGENDRAN S/O.MAHALINGAM 63 RAMANATHAN S/O. RAMASAMY THEVAR 64 BALU S/O.VELU 65 ANDI S/O.PITCHAI 66 KARAVELU S/O.NARI MURUGAN 67 SANDIAR @ SANGILI S/O.MUTHAIAH 68 PALANI MURUGAN S/O.MUTHAIAH 69 SADHURAGIRI S/O.VEERAPATHIRAN 70 KALIAPPAN S/O.VELU THEVAR 71 S.K.P.BALAKRISHNAN S/O.PERUMAL THEVAR ..PETITIONERS/ACCUSED in Crl.OP(MD)Nos.5886 to 5889 of 2011 https://hcservices.ecourts.gov.in/hcservices/ 1 RAMACHANDRA PRABU S/O.VENKATACHALAM 2 S.SENTHIL KUMAR S/O.CHOCKALINGAM ..Petitioners/Accused in Crl.OP(MD)No.6171 of 2011 M.RAMAR S/O.MURUGAVEL ..Petitioner/Accused in Crl.OP(MD)Nos.6372 and 6373 of 2011 1 MAHALINGAM S/O.MURUGAN 2 SARAVANAN S/O.PERIYASAMY 3 ANDISUNDARAM S/O.SUNDARRAJ 4 VEERAPATHIRAN S/O.MURUGAN 5 MUNIYANDI S/O.MURUGATHEVAR 6 BALAMURUGAN S/O.MUNIRAJ 7 BALAMURUGAN S/O.KANDASAMY 8 VELMURUGAN S/O.KAPULIYAN 9 PANDI S/O.PITCHAI 10 RAMACHANDRAN S/O.NAVANEETHAN 11 RASUPILLAI S/O.RASUPILLAI 12 SATHIYAMURTHI S/O.VANAKAMUDI 13 SANTHOSHKUMAR S/O.RAMU ..Petitioners/Accused in Crl.OP(MD)No.6385 of 2011 1 SARAVANAN S/O.BOSE CHETTIYAR 2 VELMURUGAN S/O.KAPULIYAN https://hcservices.ecourts.gov.in/hcservices/ 3 PALANI S/O.MURUGAVEL 4 SARAVANAN S/O.PERIYASAMY ..Petitioners/Accused in Crl.OP(MD)No.6387 of 2011 M.RAMAR @ MAKKALI RAMAR S/O.MURUGAVEL ..Petitioner/Accused in Crl.OP(MD)Nos.6388 and 6390 of 2011 1 SARAVANAN S/O.RAMASAMY 2 SARAVANAN S/O.BOSE CHETTIAR 3 SEENIVASAGAN S/O.ARUNACHALAM 4 NAGARAJ S/O.ARUMUGAM 5 BALAMURUGAN S/O.KANDASAMY 6 BASKARAPANDIAN S/O.SOUNDARAPANDIAN 7 VELMURUGAN S/O.KUPPULIYAN 8 CHANDIRAN S/O.RASUPILLAI 9 SATHIYAMOORTHI S/O.VANANGAMUDI 10 SANTHOSH KUMAR S/O.RAMU 11 PALANI S/O.MURUGAVEL 12 VELAYUTHAM S/O.DHARMALINGAM 13 MURUGAN S/O.RAMASAMY 14 BALUCHAMY S/O.LATE GURUSAMY 15 PITCHAI SUBBIAH THEVAR https://hcservices.ecourts.gov.in/hcservices/ 16 MARI S/O.MURUGAN 17 SETHURAMAN S/O.KORAIKAN CHETTIAR 18 MURUGAN S/O.RAMASAMY 19 SETHURAMAN S/O.PERIYASAMY ..Petitioners/Accused in Crl.OP(MD)No.6393 of 2011 Vs. STATE REP.BY THE INSPECTOR OF POLICE VILLUR POLICE STATION, MADURAI DISTRICT, CRIME NOS.67,68,69 AND 70 OF 2011 RESPECTIVELY ..RESPONDENT/COMPLAINANT in All the Petitions For Petitioners in All the Petitions : M/S.T.S.MOHAMED MOHIDEEN Advocate For Respondent in all the Petitions : MR.K.MAHENDRAN, Govt. Advocate ( Crl. Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- These petitions have been filed praying to grant anticipatory bail in favour of the petitioners. 2. The case of the prosecution is that the occurrence has taken place on 01.05.2011 and in the place of occurrence the petitioners and others have tried to attack police officials and also attacked police vehicles and thereby caused damages. The further case of the prosecution is that the petitioners and others have attacked police station also. Under the said circumstances, the petitioners and others are said to have committed offences punishable under Sections 147, 148, 332, 307 of the Indian Penal Code read with Section 3 of the TNPPDL Act. 3. It is represented on the side of the petitioners that the petitioners are innocent persons and they have no connection whatsoever with the alleged offences and they have been falsely implicated in the present crime and now they are having apprehension https://hcservices.ecourts.gov.in/hcservices/ of arrest and under the said circumstances the present petition have been filed for getting anticipatory bail. 4. The learned Government Advocate (Criminal side) has submitted the concerned case diaries and the same have been read and ultimately found that some of the police officials have given the complaints in question and the same have been registered in Crime Nos.67, 68, 69 and 70 of 2011 under the Sections mentioned supra. The Court has further perused the case diaries and found that some of the witnesses have been examined. 5. Considering the nature of the offences alleged to have been committed by the petitioners and also considering the stage of investigation, this Court is inclined to grant anticipatory bail to the petitioners. 6. In fine, these petitions are allowed and the petitioners are granted anticipatory bail subject to the following conditions: a) Each petitioner should execute a bond to the tune of Rs.5,000/- (Rupees five thousand only) and two sureties each for the likesum to the satisfaction of the Judicial Magistrate, Thirumangalam; b) The petitioners shall be released on bail in the event of arrest; c) The petitioners shall make them available for interrogation by any police officer as and when required; d) The petitioners shall not indirectly or directly make any inducement, threat or promise to any person acquainted with the facts of the case, so as to dissuade him from disclosing such facts to any police officer; e) The petitioners shall not leave India without any prior permission from the Court; f) The petitioners are directed to deposit Rs.25,000/- (Rupees twenty five thousand only) in Crime Nos.67, 68, 69 and 70 of 2011 on the file of the Judicial Magistrate's Court, Thirumangalam; and g) The petitioners are directed to stay at Madurai and daily twice i.e., at 10.00 a.m. and 05.00 p.m. report before the Chief Judicial Magistrate, Madurai without fail until further orders and if any deviation is noted in observing the condition, the Chief Judicial https://hcservices.ecourts.gov.in/hcservices/ Magistrate, Madurai is strictly directed to intimate the same to the Registry without fail for taking necessary action. Sd/- 25/05/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE, THIRUMANGALAM. 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4 THE INSPECTOR OF POLICE VILLUR POLICE STATION, MADURAI DISTRICT. +1. CC to MR.K.DINES BABU, Advocate SR.No.16938 akm/01.06.11 /9p-6c/ ORDER IN CRL OP(MD)Nos.5886, 5887, 5888, 5889, 6171, 6372, 6373, 6385, 6387, 6388, 6390 and 6393 of 2011 Date :25/05/2011 https://hcservices.ecourts.gov.in/hcservices/