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Madras High CourtCRL OP(MD)/595/2020granted

P.S.Murugesan v. The Inspector Of Police

2020-01-10Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.595 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.595 of 2020

1. P.S.Murugesan,

2. Mariammal, ... Petitioners/2nd & 3rd Accused Vs The State rep.by The Inspector of Police, All Women Police Station, Madurai Town, Madurai.

(Crime No.1 of 2020).

... Respondent/Complainant For Petitioners : Mr. K.Sathish 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.1 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 376, 417, 312 and 384 of I.P.C., in Crime No.1 of 2020 on the file of the respondent police, seek anticipatory bail.

3. On going through contents of the FIR, it is seen that the primary allegations are only against Vijayakumar, who is the son of the petitioners herein. It is stated that Vijayakumar has been https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.595 of 2020 arrested. I am of the view that arresting the petitioners is not going to serve any purpose. Therefore the petitioners are granted anticipatory bail. It is made clear that the petitioners' stand on a different footing from that of Vijyakumar. Therefore, when Vijaykumar's bail petition is taken up for consideration, it is the duty of the respondent police to inform the Court concerned that Vijayakumar cannot take advantage of this order of granting anticipatory bail to the petitioners herein.

4. With this direction to the respondent police, I am inclined 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 Additional Mahila Court, Madurai 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 Court 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.

5. The petitioners shall appear before the concerned Court 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 JUDGE, ADDITIONAL MAHILA COURT, MADURAI.

2. THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, MADURAI TOWN, MADURAI.

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

+1 CC to M/s.K.SATHISH KUMAR, Advocate ( SR-692[I] dated 10/01/2020 )

ORDER

IN CRL OP(MD) No.595 of 2020 Date :10/01/2020 IAS AE/VR/SAR-I (22.01.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2