K.Jothilingam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2105 of 2020

1. K.Jothilingam

2. K.Kannaperumal

3. M.Paramasivam

...Petitioners/Accused Rank 1 to 3

State Reb. by Vs The Inspector of Police, Thiruchuli Police Station, Thiruchuli, Virudhunagar District, Cr.No.13 of 2020.

... Respondent/Complainant For Petitioners : M/s.S.Paulmurugesh, Advocate.

For Respondent : Ms.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.13 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 448, 294(b), 323, 324, 427, 506(i) of I.P.C., in Crime No.13 of 2020 on the file of the respondent police, seek anticipatory bail. 3.The defacto complainant is none other than the father of the first petitioner. The petitioners are said to have assaulted the defacto complainant resulting in his hospitalization for about six days.

4.Even though the acts attributed to the petitioners are beyond condonation, considering the nature of relationship between the parties, I am of the view that their arrest is not necessary. The petitioners are warned that they they will have to keep off from the defacto complainant and not harass him in future. https://hcservices.ecourts.gov.in/hcservices/

5.The petitioner's counsel gives an undertaking that the petitioners will totally keep off from the defacto complainant and if this undertaking is breached, this Court will not hesitate to cancel the anticipatory bail.

6. Recording the petitioner's undertaking, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Aruppukottai, 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.

7. 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/- 07.02.2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

rmi TO

1. The Judicial Magistrate, Aruppukottai.

2. Through The Chief Judicial Magistrate, Virudhunagar at Srivilliputhur.

3. The Inspector of Police, Thiruchuli Police Station, Thiruchuli, Virudhunagar District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1cc to Mr.S.Paulmurugesh,, Advocate Sr.No.2835

ORDER

IN CRL OP(MD) No.2105 of 2020 07.02.2020 https://hcservices.ecourts.gov.in/hcservices/ VB(12.02.2020) 2P 6C