Madras High CourtCRL OP(MD)/1664/2020granted

D.Patheswaran v. The Inspector Of Police

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

CRL OP(MD). No.1664 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.1664 of 2020

1. D.Patheswaran

2. A.Karuppusamy

3. M.Ragul Gandhi

4. M.Ajithkumar ... Petitioners/Accused Nos.1,2,3&7 Vs The Represented by, The Inspector of Police, Thiruppunavasal Police Station, Pudukottai District.

(Crime No.03 of 2020). ... Respondent/Complainant For Petitioners : M/s.M.Boopathi Pandian, 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.3 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 punishable under sections 147, 341, 342 and 365 of I.P.C., in Crime No. 3 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The case of the prosecution is that the victim was abducted by the accused in connection with the election to the post of vice president of the local body. On the other hand, the learned counsel for the petitioners would claim that the victim was engaged in protracted negotiation with the accused as he wanted a huge amount of money for casting vote in favour of the petitioners' side. The https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1664 of 2020 occurrence took place on 10.01.2020. The complaint was given immediately after the occurrence. But the case itself was registered only on 18.01.2020.

4.The election was conducted on 11.01.2020. The abduction is said to have taken place at 5 p.m., on 10.01.2020. The victim claims that he was released immediately thereafter. The victim was able to cast his vote. Therefore, I am of the view that the defence projected by the petitioners may be more probable.

5. Therefore, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Aranthangi, and on their 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 petitioner 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/- 03/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

1. THE JUDICIAL MAGISTRATE, ARANTHANGI, PUDUKKOTTAI DISTRICT.

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

3. THE INSPECTOR OF POLICE, THIRUPPUNAVASAL POLICE STATION, PUDUKOTTAI DISTRICT.

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

+1 CC to M/s.M.BOOPATHY PANDIYAN, Advocate ( SR-2295[I] dated 05/02/2020) ORDER IN CRL OP(MD) No.1664 of 2020 Date :03/02/2020 PNN TE/SKN/SAR-I : 07/02/2020 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2