Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN SARAVANAN ... PETITIONER/ACCUSED NO.2 VS STATE REP. BY THE INSPECTOR OF POLICE, PARTHIBANOOR POLICE STATION, RAMANATHAPURAM DISTRICT, (CRIME NO.6/2020).

... RESPONDENT/COMPLAINANT For Petitioner : M/s G.Vishnuram, 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 Cr.No.6 of 2020 on the file of the respondent.

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 apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 324, 448, 506(ii) of I.P.C., in Crime No.6 of 2020 on the file of the respondent police, seeks anticipatory bail. 3.The learned Additional Public Prosecutor would point out that the petitioner had attacked the victim on the vital part of the body. The victim is still in hospital.

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4.It appears that there is no threat to the victims's life and he is probably out of danger. The petitioner is not having any previous case. Therefore, I am inclined to take a indulgent view.

5. The petitioner undertakes to take a demand draft favouring the victim for a sum of Rs.10,000/-. The petitioner further undertakes to submit a hand written letter of apology addressed to the victim. The same will be enclosed by the petitioner along with the surrender petition.

6. The Court below shall hand over the demand draft and the apology letter of the petitioner through the respondent Police to the victim directly. This will be a non refundable payment and this will be without prejudice to the petitioner's defence.

7. Recording the said undertaking, 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, Paramakudi, Ramanathapuram District, 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.

8. 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/- 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, PARAMAKUDI, RAMANATHAPURAM DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

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

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

+1 CC to M/s.G.VISHNURAM, Advocate ( SR-740[I] dated 10/01/2020 )

ORDER

IN CRL OP(MD) No.492 of 2020 Date :10/01/2020 RMI JM/VR/SAR 2/21.01.2020/3P/6C 3/3