Madras High CourtCRL OP(MD)/1578/2020partly allowed

Sangeethkumar v. The Inspector Of Police

2020-01-30Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.1578 of 2020 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). No.1578 of 2020

1. SANGEETHKUMAR

2. SARAN ... PETITIONERS/ACCUSED NOS.1 & 2 VS STATE REP. BY THE INSPECTOR OF POLICE, THOTTIYAM POLICE STATION, THOTTIYAM, TRICHY DISTRICT (CRIME NO.29 OF 2020).

... RESPONDENT/COMPLAINANT For Petitioners : Mr.K.Arunraj, 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.29 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 294(b), 323, 324 and 506(ii) of I.P.C., in Crime No.29 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The learned Government Advocate (Crl. Side) points out that the first petitioner has since been arrested. Hence, this criminal original petition is dismissed as regards the first petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1578 of 2020

4. The issue involves biting of the victim's two fingers. Since the allegations are primarily against the first petitioner, even though the second petitioner is having bad antecedents, I am inclined to grant anticipatory bail to the second petitioner with certain conditions. Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Musiri, 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 learned Magistrate concerned and on further condition that the second petitioner shall appear before the respondent police as and when required for interrogation. The second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously. The petition is dismissed as regards the first petitioner and allowed as regards the second petitioner.

5. The second petitioner 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, MUSIRI.

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

3 THE INSPECTOR OF POLICE THOTTIYAM POLICE STATION, THOTTIYAM, TRICHY DISTRICT.

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

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-1903[I] dated 30/01/2020 )

ORDER

IN CRL OP(MD) No.1578 of 2020 Date :30/01/2020 IAS JM/VR/SAR 3/07.02.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2