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Madras High CourtCRL OP(MD)/710/2020granted

Karthikraja v. The Inspector 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. Karthikraja,

2. Kumaresan,

3. Veerapandi,,

4. Veerapathiran,

5. Muthupandi, ... Petitioners/Accused Nos.10 to 14 Vs The State rep.by The Inspector of Police, Abiramam Police Station, Ramanathapuram District.

... Respondent/Complainant For Petitioners : M/s.John Raja Durai, 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 in Crime No.3 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.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences under sections 147, 148, 294(b), 1/3

323, 324, 336, 307, 427 and 506(ii) of I.P.C., Section 3 of Tamilnadu Public Property (Prevention of Damage and Loss) Act and Section 4 of Tamilnadu Prohibition of Harassment of Women Act, in Crime No.3 of 2020 on the file of the respondent police, seek anticipatory bail.

3. It is seen that the two wheelers belonging to one Karthick and Muniyasamy were damaged. The petitioners' counsel states that the petitioners will take two demand drafts each for a sum of Rs.10,000/- favouring the said Karthick and Muniyasamy. It is seen that one Patchiammal was also beaten up. Therefore the petitioners will write a hand written letter of apology jointly and address it to the said Patchiammal expressing their regret. The apology letter should be in unconditional terms. The petitioners will enclose both the demand drafts and letter of apology along with the surrender petition The Court below shall hand over the said demand drafts to Karthick, Muniyasamy and Patchiammal. Of course, this is without their defence in the criminal trial.

4. Subject to these conditions, 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 Judicial Magistrate, Kamuthi, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two common sureties each for a like sum to the satisfaction of the learned Magistrate 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 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 JUDICIAL MAGISTRATE, KAMUTHI.

2. DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.J.JOHN RAJA DURAI, Advocate ( SR-911[I] dated 13/01/2020 )

ORDER

IN CRL OP(MD) No.710 of 2020 Date :13/01/2020 IAS AE/JC/SAR-I (23.01.2020) 3P 6C 3/3