Gopal @ Gopalakrishnan v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN
1. GOPAL @ GOPALAKRISHNAN
2. PRAKASH ... PETITIONERS/ACCUSED NO.1 & 2 VS STATE REP. BY THE SUB INSPECTOR OF POLICE, ARANTHANGI POLICE STATION, PUDUKKOTTAI DISTRICT.
(IN CRIME NO.65 OF 2020).
... RESPONDENT/COMPLAINANT For Petitioners : M/s.S.Muthalraj, 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.65 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 324 and 506(ii) of I.P.C., in Crime No.65 of 2020 on the file of the respondent police, seek anticipatory bail.
3. The case of the prosecution is that due to election motive, the petitioners attacked the defacto complainant. 1/3
4.The case of the defence is that the defacto complainant came home in drunken condition and created ruckus. 5.The fact remains that the defacto complainant suffered fracture in the left leg. The case set out in the FIR appears to be probable.
6.The petitioner's counsel, on instructions, states that the petitioners will take a demand draft for a sum of Rs.10,000/- favouring the victim and enclose the same along with the surrender petition. It will be a non refundable amount. The Court below shall hand over the same to the victim through the respondent police.
7. Subject to this condition, 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 Court, Aranthangi, Pudukkottai District, 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.
8. 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, ARANTHANGI, PUDUKKOTTAI DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE SUB INSPECTOR OF POLICE ARANTHANGI POLICE STATION, PUDUKKOTTAI DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.NA.PALANIYANDI, Advocate ( SR-2176[I] dated 04/02/2020 )
ORDER
IN CRL OP(MD) No.1677 of 2020 Date :03/02/2020 RMI JM/VR/SAR 3/10.02.2020/3P/6C 3/3