Madras High CourtCRL OP(MD)/1011/2020granted

Gandhi v. The Inspector Of Police

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

CRL OP(MD). No.1011 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.1011 of 2020

1. GANDHI

2. SATHISHKUMAR

3. THAMARAIKANNAN

4. PALANISAMY ... PETITIONERS/A1 TO A4 VS STATE REP. BY THE INSPECTOR OF POLICE, MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT CRIME NO.17/2020. ... RESPONDENT/COMPLAINANT For Petitioners : M/s. A.K.Manickam, 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.17 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), 504, 506(i) and 109 of I.P.C., in Crime No.17 of 2020 on the file of the respondent police, seek anticipatory bail. 3.The prosecution case is that the petitioners had insulted the memory of the legendry freedom fighter Maruthu Pandiyar and also attacked the defacto complainant. This is sure to create communal trouble.

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CRL OP(MD). No.1011 of 2020 4.The petitioner's counsel sates that the petitioners have not done anything as alleged by the prosecution.

5.Be that as it may, in order to show their bonafide, the petitioners will file an affidavit expressing their respect for memory of the Maruthu Pandiyar at the time of execution of sureties before the Court below.

4. Recording the petitioners' undertaking, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Manamadurai, 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 petitioner 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.

6. 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/- 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, MANAMADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE MANAMADURAI POLICE STATION, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.A.K.MANICKAM, Advocate ( SR-1233[I] dated 23/01/2020 )

ORDER

IN CRL OP(MD) No.1011 of 2020 Date :23/01/2020 RMI JM/VR/SAR 2/29.01.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2