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Madras High CourtCRL OP(MD)/891/2020partly allowed

Inbaraj v. The Sub Inspector Of Police

2020-01-22Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.891 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.891 of 2020

1. Inbaraj

2. Selvam

3. Murugan

4. Jothi

5. Prabu

6. Murugavel ... Petitioners 1 to 6/Accused 1 to 6 Vs The State Rep. by The Sub Inspector of Police, Kodaikanal Police Station, Dindigul District. ... Respondent/Complainant For Petitioners : M/s. Kr. Singaravadivel, 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. 12/2020 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 punishable under sections 147, 294(b), 323, 324, 427, 506(2) of I.P.C., in Crime No.12 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The learned Government Advocate (Crl.side) pointed out that the first petitioner had attacked the victim with iron pipe on his head. The victim was in hospital for about four days. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.891 of 2020 4.It appears that it is an intra-party dispute. The first petitioner is having one previous case of the year 2015.

5. Since the first petitioner is having one previous case and specific allegations have been made against him and considering the period of hospitalization of the victim, I am not inclined to grant relief to the first petitioner. Hence, this criminal original petition is dismissed as regard the first petitioner. 6.In view of the above, I am inclined to grant anticipatory bail to the petitioners 2 to 6 with certain conditions. Accordingly, the petitioners 2 to 6 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Kodaikanal, 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 learned Magistrate concerned and on further condition that the petitioners 2 to 6 shall appear before the respondent police as and when required for interrogation. The petitioners 2 to 6 shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

7. 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/- 22/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, KODAIKANAL.

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

3. THE SUB INSPECTOR OF POLICE, KODAIKANAL POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.KR.SINGARAVADIVEL, Advocate ( SR-1095[I] dated 22/01/2020 ) ORDER IN CRL OP(MD) No.891 of 2020 Date :22/01/2020 RMI TE/VR/SAR-III : 29/01/2020 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2