Gopinath v. State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighteenth day of March Two Thousand Twenty PRESENT The Hon`ble Mr Justice T.RAJA CRIMINAL ORIGINAL PETITION No.6229 of 2020 1 GOPINATH [ PETITIONERS / ACCUSED ] 2 ELANGO Vs STATE REP. BY [ RESPONDENT ] INSPECTOR OF POLICE, TIRUPUR RURAL POLICE STATION, TIRUPUR.

CRIME NO.184 OF 2020 For Petitioner : M/S. K.S.KAVIARASU Advocate For Respondent : MR.C.IYYAPPARAJ, 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 alleged offences punishable under sections 294(b), 353 and 506(ii) of IPC in Crime No.184 of 2020, the petitioners have come forward with this petition seeking anticipatory bail. 2.

The case of the prosecution is that on 04.03.2020, the defacto complainant who is working as Revenue Inspector, Tirupur South Taluk intercepted the vehicles bearing Registration Nos.TN 42 D 6358 and TN 42 AL 6358 on the premise that sand was being transported illegally, the owner of the vehicle one Mr.SubbukuttyA1 along with the 1st petitioner herein-A2 accompanied by the driver of the vehicle, the 2nd petitioner herein-A4 abused him and dashed him with SWIFT Car bearing Registration No.TN 33 AZ 9196 and thereafter, fled away from the place of occurrence. 3.

The learned Counsel for the petitioners submitted that the petitioners have nothing to do with the alleged offence. He further submitted that the accused 1 and 3 have already been arrested and subsequently, released on bail.

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4.

The learned Additional Public Prosecutor submitted that the main accused A1 who is the father of the 2nd accused was already remanded to judicial custody and thereafter, enlarged on bail along with A3 and the petitioners herein are A2 and A4. 5.

Having regard to the nature of the allegation levelled against the petitioner and more particularly, the fact that the co-accused were granted bail by this Court, I am inclined to grant anticipatory bail to the petitioners. 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.4, Tirupur, on 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 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 for interrogation as and when required.

-sd/- 18/03/2020 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.4, TIRUPUR 2 THE CHIEF JUDICIAL MAGISTRATE TIRUPUR [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, TIRUPUR RURAL POLICE STATION, TIRUPUR.

+1CC to M/S. K.S.KAVIARASU Advocate on payment of necessary charges SR NO.5561 CRL OP.6229/2020 Date :18/03/2020 MK:16/04/2020 https://hcservices.ecourts.gov.in/hcservices/