Madras High CourtCRL OP(MD)/1141/2020granted

P.Sasikumar v. The Inspector Of Police

2020-01-30Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). Nos.1141 and 1223 of 2020 P.SASIKUMAR ... PETITIONER/EXPECTED ACCUSED IN CRL.O.P.(MD)NO.1141 OF 2020 D.SIVA ... PETITIONER/EXPECTED ACCUSED IN CRL.O.P.(MD)NO.1223 OF 2020 VS STATE REP. BY THE INSPECTOR OF POLICE, D2 SELLUR POLICE STATION, SELLUR, MADURAI.

CRIME NO.109/2020. ... RESPONDENT/COMPLAINANT IN BOTH CRL.O.PS.

(in both Crl.O.Ps) For Petitioner : M/s.M.Ajmal Khan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- for Anticipatory bail in Crime No.109 of 2020on the file of the respondent police COMMON 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), 323, 324 and 506(ii) of I.P.C., in Crime No.109 of 2020 on the file of the respondent police, seek anticipatory bail.

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3. The victim/Saravanan was injured near the ear and he was in hospital for about a week. The petitioners' counsel states that Sasikumar whose rank is yet to fixed is a load man.

4. The petitioners' counsel wanted this Court to take note of the petitioners' economic background. The petitioners' counsel on instructions states that the petitioners will take a demand draft for a sum of Rs.2,000/- each favouring the victim and enclose the same along with their surrender petition. The same will handed over by the Court below to the victim through the respondent police. This of course will be without prejudice to the petitioners' defence in the trial.

4. Subject to this condition, I am inclined to grant anticipatory bail to the petitioner 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 No.II, Madurai, 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/- 30/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE D2 SELLUR POLICE STATION, SELLUR, MADURAI.

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

+2 CC to M/s.M.AJMAL KHAN, Advocate SR.No.1863 & 1864

ORDER

IN CRL OP(MD). Nos.1141 and 1223 of 2020 Date :30/01/2020 ias JM/VR/SAR 3/06.02.2020/3P/7C 3/3