Appas Manthiri Sait @ Appas v. The Inspector Of Police

CRL OP(MD). No.256 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.256 of 2020

1. Appas Manthiri Sait @ Appas

2. Nazer

3. Selvi

4. Ganesan ... Petitioners/Accused Rank Not Known Vs State Rep.by The Inspector of Police, Chinnamanur Police Station, Theni District.

Crime No.Not Known of 2020 ... Respondent/Complainant For Petitioners : M/s.R.Murugappan, Advocate.

For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor For Intervener : Mr.S.Saravanakumar, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.6 of 2020 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), 324, 506 (i) and 379 of I.P.C., in Crime No.6 of 2020 on the file of the respondent police, seek anticipatory bail.

3. It is seen that the defacto complainant had suffered injury in his hand on account of the attack by the first petitioner. It is further seen that a civil suit has been instituted by the informant https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.256 of 2020 on behalf of his wife seeking the relief of partition. The intervener's counsel would submit that the defacto complainant's right to prosecute the suit is sought to be stifled by the accused/petitioners herein.

4. Taking note of the overall facts and circumstances of the case, if the petitioners are put on terms, I am of the view that they can be granted the relief of anticipatory bail. The petitioners' counsel on instructions gives an undertaking that the first petitioner will give a hand written letter of apology addressed to the victim expressing his regret for the occurrence and further undertaking that the petitioners will not interfere with the defacto complainant's right to prosecute the civil suit in question. It is made clear that these undertakings will not be put against the petitioners in the criminal case.

5.Subject to these conditions, I am sinclined 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, Periyakulam, Theni District, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two 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.

6. 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/- 10/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, PERIYAKULAM, THENI DISTRICT. 2.DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3.THE INSPECTOR OF POLICE,CHINNAMANUR POLICE STATION,THENI DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.R.MURUGAPPAN, Advocate ( SR-654[I] dated 10/01/2020 ) ORDER IN CRL OP(MD) No.256 of 2020 Date :10/01/2020 MS/PN/SAR-2/13.01.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2