Suresh Kumar v. The Inspector Of Police

CRL OP(MD). No.310 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.310 of 2020 SURESH KUMAR ... PETITIONER/ACCUSED RANK NOT KNOWN VS STATE REP. BY THE INSPECTOR OF POLICE, KARUNGAL POLICE STATION, KANYAKUMARI DISTRICT , CRIME NO.66 OF 2019.

... RESPONDENT/COMPLAINANT For Petitioner : M/s.A.Thiruvadi Kumar, 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.66 of 2019 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences under sections 341, 294(b), 324 and 506(ii) of I.P.C., in Crime No.66 of 2019, on the file of the respondent police, seeks anticipatory bail.

3. It is seen that the petitioner has not been named in the FIR and it is case of assault. According to the victim, three persons assaulted him with iron rods. If the petitioner was actually present there, definitely he would have been named. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.310 of 2020

4. The petitioner's counsel would state that the petitioner has been falsely implicated on extraneous grounds.

5. I find force in the petitioner's counsel contention. Hence, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Eraniel, and on his 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioner 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/- 09/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ERANIEL.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3 THE INSPECTOR OF POLICE KARUNGAL POLICE STATION, KANYAKUMARI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.THIRUVADI KUMAR Advocate SR.No.580

ORDER

IN CRL OP(MD) No.310 of 2020 Date :09/01/2020 IAS JM/VR/SAR 2/13.01.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2