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Madras High CourtCRL OP(MD)/867/2020partly allowed

Gobinath v. The Inspector Of Police

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

CRL OP(MD). No.867 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.867 of 2020

1. Gobinath

2. Boobathi @ devendraboobathi ... Petitioners/Accused (Rank not known) Vs The State Rep. by The Inspector of Police, Surandai Police Station, Tirunelveli District (Now at Tenkasi District) Cr.No.15/2020. ... Respondent/Complainant For Petitioners : M/s.A.S.Vaigunth, 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.15 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), 342, 323, 506(2) of I.P.C., and Section 4 of TNPHW, in Crime No.15 of 2020 on the file of the respondent police, seek anticipatory bail.

3. It is seen that the first petitioner had hit the victim with https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.867 of 2020 a hockey bat causing him head injury. The victim is still taking treatment in the Hospital. The second petitioner is only said to have caught hold of the victim. Therefore, I am inclined to grant relief to the second petitioner. This criminal original petition is allowed as regards the second petitioner. This criminal original petition is dismissed as regards the first petitioner.

4. Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court, Alangulam, 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 second petitioner shall appear before the respondent police as and when required for interrogation. The second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The second 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, ALANGULAM, TENKASI DISTRICT.

2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRAE, TENKASI DISTRICT.

3. THE INSPECTOR OF POLICE, SURANDAI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.A.S.VAIGUNTH, Advocate ( SR-1257[I] dated 23/01/2020 )

ORDER

IN CRL OP(MD) No.867 of 2020 Date :22/01/2020 RMI TE/VR/SAR-III : 29/01/2020 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2