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Madras High CourtCRL OP(MD)/491/2020granted

Krishnaveni@Veni v. The Deputy Superintendent Of Police

2020-01-13Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. Krishnaveni @ veni,

2. Anusiya,

3. Murugan,

4. Kunjarambhai, ... Petitioners/Accused Nos.1 to 4 Vs

1. The State Rep.by The Deputy Superintendent Of Police, Devakottai Taluk, Sivagangai District.

(Crime No.2 of 2020). ... 1st Respondent/Investication Officer

2. The Inspector of Police, Thiruvegamattu Police Station, Devakottai Taluk, Sivagangai District. ... 2nd Respondent/Complainant

3. Vijaya, ...3rd Respondents/Defacto Complainant For Petitioner : M/s.K.Rajeshwaran, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail Crime No.02 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 Government Advocate(Crl. Side) appearing for the respondent.

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2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 323 of I.P.C., read with 3(1)(r), 3(1)(s) SC/ST (POA) Amendment Ordinance Act, 2014 in Crime No. 2 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The victim has since been notified. The First Information Report was registered in the context of the recently concluded local body elections. It is seen that the petitioners belong to one party and the defacto complainant belongs to some other party. The occurrence had taken place near the house of the petitioners herein. On carefully going through the materials on record, it is seen that a petty quarrel having political flavor, has been given a communal colour.

4. In view of the above, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Special Court SC/ST (POA)Act, 1989, Sivagangai District, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two common 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 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/- 13/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDGE, SPECIAL COURT SC/ST(POA) ACT., SIVAGANGAI DISTRICT.

2. THE DEPUTY SUPERINTENDENT OF POLICE, DEVAKOTTAI TALUK, SIVAGANGAI DISTRICT.

3. THE INSPECTOR OF POLICE, THIRUVEGAMATTU POLICE STATION, DEVAKOTTAI TALUK, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.K.RAJESWARAN, Advocate ( SR-838[I] dated 13/01/2020 )

ORDER

IN CRL OP(MD) No.491 of 2020 Date :13/01/2020 PNN AE/SKN/SAR-IV (28.01.2020) 3P 6C 3/3