Balamurugan v. The Inspector Of Police

CRL OP(MD). No.861 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.861 of 2020

1. Balamurugan,S/o.Jeyakumar,

2. Balamurugan,S/o.Bose,

3. Thavasupandi,

4. Santhosh Prabhu, ... Petitioners/Accused No.1 to 4 Vs.

State represented by The Inspector of Police, Palayanur Police Station, Sivagangai District, Crime No.8 of 2020. ... Respondent/Complainant For Petitioners : Mr.R.Maheswaran, 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.08 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, 307 of I.P.C., and Section 4 of TNPWH, in Crime No.08 of 2020 on the file of the respondent police, seek anticipatory bail.

3. A counter case has also been registered. The occurrence took place in the background of recently concluded local body elections. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.861 of 2020 4.The learned Government Advocate (Crl.side) would point out that the victim is still in Hospital. But then, there is no possibility of any alteration report being filed. 5.The petitioners are government servants. Therefore, their arrest would have a serious impact on their career and services. Since the arrest of the petitioners is not going to serve any purpose, I am inclined to grant relief. Hence, anticipatory bail is granted.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thiruppuvanam, 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 shall appear before the respondent police as and when required for interrogation. The petitioners 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, THIRUPPUVANAM.

2 -DO-THRO-THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE PALAYANUR POLICE STATION, SIVAGANGAI DISTRICT

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

+1. CC to R.MAHESWARAN Advocate SR.No.1140 ORDER IN CRL OP(MD) No.861 of 2020 Date :22/01/2020 rmi ES/PN/SAR 1/28.01.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2