Prasath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. Prasath,

2. Ananth,

3. Thiraviyam,,

4. Santham @ Santhakumar, ... Petitioners/Accused Nos.2 to 5 Vs The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

... Respondent/Complainant For Petitioners : M/s.S.M.Sanjay, 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. 13 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 147, 294(b), 324 and 506(ii) of I.P.C., in Crime No.13 of 2020 on the file of the respondent police, seek anticipatory bail.

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3. The primary allegations are only against A1. He had attacked the victim with aruval. The petitioners herein had attacked the victim with bare hands. The case of the petitioners is on different footing. Hence, I am inclined to grant relief to the petitioners herein. It is made clear that grant of anticipatory bail to the petitioners herein will not enure to the benefit of A1. The bail petition of the A1 will have to be dealt with independently on its own merits.

4. With this observation, 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, Devakottai, 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.

5. 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/- 24/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. The Judicial Magistrate, Devakottai.

2. Do-Through The Chief Judicial Magistrate, Sivagangai District.

3. The Inspector of Police, Devakottai Taluk Police Station, Sivagangai District.

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4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.M.SANJAY, Advocate ( SR-1371[I] dated 24/01/2020 )

ORDER

IN CRL OP(MD) No.1106 of 2020 Date : 24/01/2020 TR/SKN/S-II(31.01.2020) 3P 6C 3/3