Chinnasamy v. The Inspector Of Police

CRL OP(MD). No.896 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.896 of 2020 Chinnasamy, ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Vilampatti Police Station, Dindigul District.

Crime No.5 of 2020.

... Respondent/Complainant For Petitioner : M/s.P.Senguttuarasan, 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.5 of 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 section 294(b) of I.P.C. and Section 92(1) of Rights of Persons with Disabilities Act, 2016, in Crime No.5 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner is a retired school teacher. The case against the petitioner is that he had insulted a physically challenged person. This Court made it clear that the petitioner will have to express his regret. Of course this will be without prejudice to the petitioner's defence in the trial. Merely because the petitioner expresses his regret, that cannot be put against the petitioner or prejudice to his defence in future. But then the affidavit of apology to be executed by the petitioner will have to be totally unconditional and addressed to the defacto complainant. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.896 of 2020

4. The learned counsel appearing for the petitioner states that at the time of surrender and execution of sureties the petitioner will file an notarised affidavit in which he will give an undertaking that he would respect the rights of disabled persons and that he had no intention to insult any person with disability. The Court below shall hand over the same to the defacto complainant through the respondent.

5. Recording the said undertaking, 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, Nilakottai, 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/- 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, NILAKOTTAI.

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

3. THE INSPECTOR OF POLICE, VILAMPATTI POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.P.SENGUTTUARASAN, Advocate ( SR-1364[I] dated 24/01/2020 )

ORDER

IN CRL OP(MD) No.896 of 2020 Date :22/01/2020 IAS AE/SKN/SAR-I (28.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2