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Madras High CourtCRL OP(MD)/96/2020granted

Keerthika v. The Inspector Of Police

2020-01-07Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.96 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.96 of 2020

1. Keerthika

2. Jeganathan ... Petitioners/Accused 1 & 2 Vs State Rep.by The Inspector of Police, Kenikarai Police Station, Ramanathapuram District.

(Crime No.476/2019) ... Respondent/Complainant For Petitioners : M/s.S.M.Sanjay, Advocate.

For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 476/2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences under sections 294(b), 323 and 325 of I.P.C. and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, in Crime No.476 of 2019, on the file of the respondent police, seek anticipatory bail.

3. The second petitioner herein had assaulted the victim leading to loss of one tooth. The petitioner's counsel on instructions states that second the petitioner will write out a hand written letter of apology and enclose the same along with the surrender petition. It should be addressed to the victim. The terms should be unconditional. He gives a further undertaking that the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.96 of 2020 second petitioner will take demand draft for a sum of Rs.5,000/- favouring the victim. The apology letter as well as the original demand draft shall be handed over the victim by the Court below through the respondent police. Of course this is without prejudice to the petitioners' defence in the criminal trial.

4. Subject to these conditions, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 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, Ramanathapuram, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two common sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. 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, the petition for anticipatory bail shall stand dismissed.

sd/- 07/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, RAMANATHAPURAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, KENIKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.S.M.SANJAY, Advocate ( SR-270[I] dated 07/01/2020 )

ORDER

IN CRL OP(MD) No.96 of 2020 Date :07/01/2020 MS/VR/SAR-2/20.01.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2