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Madras High CourtCRL OP(MD)/866/2020partly allowed

Ganeshamoorthy@Karunnamoorthy v. The Inspector Of Police

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

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.866 of 2020

1. Ganeshamoorthy @ karunnamoorthy,

2. Rajesh,

3. Murali, ... Petitioners/Accused Nos.1,2,3 Vs State rep.by The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

Crime No.24/2020.

... Complainant/Respondent For Petitioners : M/s.D.Balamurugapandi, 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.24 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 punishable under sections 294(b), 323, 324, 506(ii) of I.P.C., and Section 4 of Tamilnadu Women Harassment Act, in Crime No. 24 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The occurrence had taken place in the context of the recently concluded local body elections. A counter case was also registered. The accused in the counter case were arrested. The first petitioner had suffered injury. But then, he is said to have attacked the defacto complainant with aruval on his head. The https://hcservices.ecourts.gov.in/hcservices/ 1/2

defacto complainant is still in hospital. The allegations made against the petitioners 2 and 3 are not that serious. The first petitioner is having previous case also.

4.Considering all these aspects, this criminal original petition is dismissed as regards the first petitioner. This criminal original petition is allowed as regards the second and third petitioner.

5. Accordingly, the petitioners 2 and 3 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Ramanathapuram District, 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 and 3 shall appear before the respondent police as and when required for interrogation. The petitioners 2 and 3 shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioners 2 and 3 shall appear before the concerned Magistrate within a period of 15 days from th 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 NO.II, RAMANATHAPURAM DISTRICT.

2. DO THRO'THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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

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

+1 CC to M/s.D.BALAMURUGAPANDI, Advocate ( SR-1093[I] dated 22/01/2020 )

ORDER

IN CRL OP(MD) No.866 of 2020 Date :22/01/2020 rmi AE/SKN/SAR-II (29.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2