Madras High CourtCRL OP(MD)/920/2020granted

Selvadurai v. The Inspector Of Police

2020-01-23Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.920 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.920 of 2020 Selvadurai ... Petitioner/Accused No.2 Vs State rep.by The Inspector of Police, Bazaar Police Station, Ramanathapuram District.

(Crime No.11/2020). ... Respondent/Complainant For Petitioner : M/s.R.Murugan, 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. 11/2020 on the file of the Respondent Police.

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 under sections 294(b), 324 and 506(ii) of I.P.C., in Crime No.11 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The learned Government Advocate (Crl. Side) opposed the petition by pointing out that the petitioner is having bad antecedents and that he stabbed the victim in the forehead.

4. On going through the FIR, it is seen that A1/Manimaran caused the main injury by stabbing in the stomach. The role played by the petitioner appears to be rather limited. In any event, the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.920 of 2020 petitioner's counsel on instructions states that the petitioner will take a demand draft for a sum of Rs.5,000/- favouring the victim and enclose the same along with the surrender petition. The Court below shall take steps to hand over the same to the victim through the respondent police. Of course, this will be without prejudice to the petitioner's defence in the criminal trial.

5. Subject to said condition, 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 No.I, Ramanathapuram, 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.

6. 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/- 23/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

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

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

+1 CC to M/s.R.MURUGAN, Advocate ( SR-1220[I] dated 23/01/2020 ) ORDER IN CRL OP(MD) No.920 of 2020 Date :23/01/2020 IAS ES/PN/SAR 2/28.01.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2