Madras High CourtCRL OP(MD)/1029/2020granted

Nagaraj @ Kishore v. The Inspector Of Police

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

CRL OP(MD). No.1029 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.1029 of 2020

1. Nagaraj @ Krishtobar,

2. Muthuselvam, ... Petitioners/Accused Rank not known Vs State Rep.by The Inspector of Police, Rajapalayam North Police Station, Viruthunagar District.

(Crime No.33 of 2020). ... Respondent/Complainant For Petitioners : M/s.M.Ganeshkamu, 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.33 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 under sections 294(b), 324 and 506(ii) of I.P.C., in Crime No.33 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The victim is said to have objected to the rash driving by the first petitioner herein. That is said to be the cause for the occurrence. The victim was in hospital for a day and thereafter he is said to have absconded. From a reading of the FIR, it appears that the petitioners have wantonly attacked the defacto complainant.

4. The petitioners' counsel on instructions states that the petitioners will write a handwritten letter of apology address to https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1029 of 2020 the victim. The petitioners will take a demand draft for a sum of Rs.2,500/- favouring the victim. Both the apology letter as well as the demand draft will be enclosed by the petitioners along with their surrender petition. The Court below shall take steps to hand over the same to the victim through the respondent police. Of course, this will be without prejudice to the petitioners' defence in the trial.

5. subject to these conditions, 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, Rajapalayam, 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, RAJAPALAYAM 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE RAJAPALAYAM NORTH POLICE STATION,VIRUTHUNAGAR DISTRICT.

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

+1 CC to M/s.M.GANESH KAMU, Advocate ( SR-1242[I] dated 23/01/2020) ORDER IN CRL OP(MD) No.1029 of 2020 Date :23/01/2020 IAS ES/PN/SAR 2/28.01.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2