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Madras High CourtCRL OP(MD)/1015/2020partly allowed

A.Vignesh@Vigneshwaran v. The Inspector Of Police

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

CRL OP(MD). No.1015 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.1015 of 2020

1. A.Vignesh @ Vigneshwaran,

2. C.Ajith

3. M.Gurubalan ... Petitioners/Accused Nos.1 to 3 Vs the state rep. by The Inspector of Police, Thiruvegampet Police Station, Sivagangai District Cr.No.9/2020.

... Respondent/Complainant For Petitioners : M/s.R.Venkatesan for M/s.Right Law Associates, 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.9 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 143, 147, 294(b), 323, 324 and 506(ii) of I.P.C., and Section 4 of TNPWH Act, in Crime No.09 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The defacto complainant has stated that the entire occurrence has occurred on account of assault by the first petitioner herein.

4. Of-course, the petitioners 2 and 3 are also said to have been part of the assault. But then, the petitioners 2 and 3 are not having any previous case. The first petitioner is also not having any previous case. Since he had engineered the entire assault, I am not inclined to grant relief to the first petitioner. 5.The allegations have been directed primarily against the first petitioner. Even while granting anticipatory bail for https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1015 of 2020 petitioners 2 and 3, I dismiss this petition as far as the first petitioner is concerned.

6. Accordingly, the petitioners 2 and 3 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate Court, Devakkottai, Sivagangai District, 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 2 and 3 shall appear before the respondent police as and when required for interrogation. The petitioners 2 and 3 shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

7. The petitioners 2&3 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 COURT, DEVAKKOTTAI, SIVAGANGAI DISTRICT, 2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT, 3 THE INSPECTOR OF POLICE THIRUVEGAMPET POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.RIGHT LAW ASSOCIATES Advocate SR.No.1253

ORDER

IN CRL OP(MD) No.1015 of 2020 Date :23/01/2020 MK/SKN/SAR 1(31.01.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2