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Madras High CourtCRL OP(MD)/1373/2020granted

Santhi Ganesh @ Shanthisankar v. The Assistant Superintendent Of Police

2020-02-03Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.1373 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1373 of 2020 Santhi Ganesh @ Shanthisankar ... Petitioners/AccusedNo.1 Vs

1. The Assistant Superintendent Of Police, Cheranmahadevi Division, Tirunelveli District.

2. The Inspector of Police, Pathamadai Police Station, Tirunelveli District, (Cr.No.153/2019). ... Respondents 1&2/Complainants

3. Prabakaran ... 3rd Respondent/Defacto Complainant

4. Kannan

5. Mahesh ... Respondents 4&5/Victims For Petitioner : M/s.S.R.A.Ramachandran, Advocate. For R1 & R2 : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- (SC/ST Act) for Anticipatory Bail in Crime No.153 of 2019 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 147, 148, 341, 294(b), 307 and 506(ii) of I.P.C., and 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act, in Crime No.153 of 2019 on the file of the respondent police, seek anticipatory bail.

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CRL OP(MD). No.1373 of 2020

3. The petitioner's earlier petition was dismissed, since the medical records were not enclosed. This petition has been filed by reiterating the contentions setout earlier. I directed the police to physically visit the petitioner's house and find out if the petitioner is truly bedridden. The stand taken by the petitioner is confirmed by the police.

4. Taking note of the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned II Additional District and Sessions Judge (PCR Court), Tirunelveli, and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the concerned Court and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The petitioner shall appear before the concerned Court, 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/- 03/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE II ADDITIONAL DISTRICT AND SESSIONS JUDGE (PCR COURT), TIRUNELVELI.

2. THE ASSISTANT SUPERINTENDENT OF POLICE, CHERANMAHADEVI DIVISION, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, PATHAMADAI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.S.R.A.RAMACHANDRAN, Advocate ( SR-2306[I] dated 05/02/2020 ) ORDER IN CRL OP(MD) No.1373 of 2020 Date :03/02/2020 RMI TE/PN/SAR-IV : 06/02/2020 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2