Madras High CourtCRL OP(MD)/1233/2020granted

Jothibasu v. The Inspector Of Police

2020-01-27Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.1233 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1233 of 2020

1. Jothibasu

2. Mohanraj

3. Sellai Siva ... Petitioners/Accused 1 to 3 Vs State Rep.by The Inspector of Police, Vangal Police Station, Karur District.

Crime No.8 of 2020.

... Respondent/Complainant For Petitioners : M/s.K.Balasubramani, 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.8 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), 323, 324, 427 and 506(i) of I.P.C., in Crime No.8 of 2020 on the file of the respondent police, seek anticipatory bail.

3. It appears that during a quarrel that took place on 06.01.2020 in connection with an electoral victory feast, the petitioners herein had attacked the defacto complainant. The learned Government Advocate (Crl. Side) points out that the defacto complainant remained in hospital for almost two weeks. It appears https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1233 of 2020 that he had suffered severe in conclusions all over the body. I saw the photographs. It appears that the said allegations appear to be true.

4. The petitioner's counsel on instructions states that the petitioners 1 and 2 will take a demand draft for a sum of Rs.5,000/- favouring the victim and enclose the same along with the surrender petition. The Court below shall take steps to hand over the same to the victim through the respondent police. Of course, this is without prejudice to the defence of the petitioners' 1 and 2 in the trial.

5. Recording the said undertaking, 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 No.II, Karur, 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.

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/- 27/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

1. THE JUDICIAL MAGISTRATE NO.II, KARUR.

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

3. THE INSPECTOR OF POLICE, VANGAL POLICE STATION, KARUR DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S.K.BALASUBRAMANI Advocate SR.No.3199 ORDER IN CRL OP(MD) No.1233 of 2020 Date :27/01/2020 MS/VR/SAR-2/31.01.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2