Anbu v. The Inspector Of Police

CRL OP(MD). No.477 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.477 of 2020 ANBU ... PETITIONER/ACCUSED NO.1 VS STATE REP. BY THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION, IN CRIME NO.568 OF 2019. ... RESPONDENT/COMPLAINANT For Petitioner : M/s.S.J.Chakkaravarthy, Advocate. For Respondent : Ms.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail Crime No.568 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 Government Advocate(Crl. Side) appearing for the respondent.

2.The petitioner is in custody since 18.12.2019 for the offences under Sections 147, 148, 294(b), 341, 323, 342, 307 & 506 (ii) IPC in Crime No.568 of 2019 on the file of the respondent police. He seeks bail.

3.The petitioner's counsel would point out that it was the defacto complainant who was the actual aggressor and that the petitioner was also injured and he was in hospital for about 4 days.

4.The petitioner is not having any previous case. Hence, I am inclined to enlarge the petitioner on bail with certain conditions. Accordingly, the petitioner is ordered to be released on bail, subject to the following conditions :

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CRL OP(MD). No.477 of 2020 (i) the petitioner shall execute 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 Judicial Magistrate, Melur. (ii) the petitioner is directed to appear before the respondent police as and when required for the interrogation. (iii) on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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, MELUR.

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

3 THE INSPECTOR OF POLICE, OTHAKADAI POLICE STATION.

4 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

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

+1 CC to M/s.S.J.CHAKKARAVARTHY, Advocate ( SR-605[I] dated 10/01/2020 )

ORDER

IN CRL OP(MD) No.477 of 2020 Date :10/01/2020 SKM JM/VR/SAR 4/10.01.2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2