Madras High CourtCRL OP(MD)/1741/2020granted

A.Gnanavel v. The Inspector Of Police

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

CRL OP(MD). No.1741 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.1741 of 2020 A.GNANAVEL ... PETITIONER/ACCUSED NO.2 VS STATE REP. BY THE INSPECTOR OF POLICE, VALANADU POLICE STATION, TRICHY DISTRICT CRIME NO.22/2020.

... RESPONDENT/COMPLAINANT For Petitioner : M/s.S.Gopalamanikandan, 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.22 of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 294(b), 341, 427, 353 and 506(i) of I.P.C., in Crime No. 22 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The complainant in this case is a Village Administrative Officer. He was taking photographs of the sand being unloaded from a vehicle. The petitioner and others have objected the same and took away the mobile phone and subsequently damaged the same. The damage is said to be Rs.17,000/-.

4.The learned counsel for the petitioner on instruction state that the petitioner will take a Demand Draft for a sum of https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1741 of 2020 Rs.10,000/-(Rupees Ten Thousand only), favouring the person whose cellphone was damaged. The same will be enclosed along with the surrender petition. The Court below shall arrange to hand over the same to the owner of the mobile phone through the respondent. This will be a non-refundable payment. Ofcourse, this would be without prejudice to the petitioner's contention in the trial.

5. In the view of the above, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Manaparai, Trichy District, 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 petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The 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/- 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, MANAPARAI, TRICHY DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

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

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

+1 CC to M/s.S.GOPALAMANIKANDAN, Advocate ( SR-2121[I] dated 03/02/2020 )

ORDER

IN CRL OP(MD) No.1741 of 2020 Date :03/02/2020 PNN JM/VR/SAR 1/11.02.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2