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Madras High CourtCRL OP(MD)/1349/2020granted

Gowtham v. The Inspector Of Police

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

CRL OP(MD). No.1349 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.1349 of 2020

1. Gowtham,

2. Sundarraj, ... Petitioners/Accused Nos.5 & 7 Vs State rep.by The Inspector of Police, Thogamalai Police Station, Karur District.

Crime No.439/2017.

... Respondent/Complainant For Petitioners : M/s.N.Anandakumar, 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.439 of 2017 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 294(b), 353, 379, 332, 307, 399 of I.P.C., r/w Section 25(1A) of Arms Act, 1959, in Crime No.439 of 2017 on the file of the respondent police, seek anticipatory bail.

3.Though allegations made against the petitioners are rather serious, the fact remains that for the last three years, the respondent has not apprehended the petitioners. Therefore, this https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1349 of 2020 Court directed the petitioners to appear before the respondent. The petitioners had complied with the said condition. 4.The learned Government Advocate (Crl.side) points out that the petitioners are having bad antecedents.

5.Since their arrest is not going to serve any purpose, 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.I, Kulithalai, 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 daily at 10.30 a.m., for a period of four weeks. 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/- 03/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, KULITHALAI.

2. DO THRO' THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

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

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

+1 CC to M/s.N.ANANDA KUMAR, Advocate ( SR-2287[I] dated 04/02/2020 )

ORDER

IN CRL OP(MD) No.1349 of 2020 Date :03/02/2020 rmi AE/MMS/SAR-III (10.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2