Madras High CourtCRL OP(MD)/1971/2020granted

V.Dhineshkumar v. The Sub Inspector Of Police

2020-02-05Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.1971 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1971 of 2020 V.DHINESHKUMAR ... PETITIONER/UNNAMED ACCUSED VS STATE REP. BY THE SUB INSPECTOR OF POLICE, OTANCHATHIRAM POLICE STATION, DINDIGUL DISTRICT (CRIME NO.624 OF 2019).

... RESPONDENT For Petitioner : M/s.S.Vijayashanthi, 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.624 of 2019 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, 148, 294(b), 323, 324, 341, 427, 307 and 506(2) of I.P.C., in Crime No. 624 of 2019 on the file of the respondent police, seeks anticipatory bail.

3. The learned Government Advocate opposes the grant of relief by pointing out that his earlier petition suffered a dismissal on 08.01.2020 and that there are no change in circumstances. He also pointed out that A1, Krishna Prasad is still absconding. 4.As rightly pointed out by the learned counsel for the petitioner, the primary allegations are only against A1 and that therefore grant of anticipatory bail to the petitioner herein will https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1971 of 2020 definitely not prejudice the investigation. She gives an undertaking that till A1 is secured, the petitioner will sign before the respondent daily at 6 p.m. She gives a further undertaking that she wil not apply for modification or relaxation of this condition.

5. Subject to this undertaking, 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, Ottanchattiram, 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 daily at 6.00 p.m., untill A1 is secured. 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/- 05/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, OTTANCHATTIRAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE SUB INSPECTOR OF POLICE OTANCHATHIRAM POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.S.VIJAYA SHANTHI, Advocate ( SR-2309[I] dated 05/02/2020 )

ORDER

IN CRL OP(MD) No.1971 of 2020 Date :05/02/2020 PNN JM/PN/SAR 2/11.02.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2