L.Goodwin @ Sahaya Xelis v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eighth day of May Two Thousand Nineteen PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL OP(MD) No.5830 of 2019 1 L.GOODWIN @ SAHAYA XELIS GOODWIN 2 L.GODWIN 3 J.ABISHECK 4 A.GOLD @ GOLDWIN 5 S.SUBIN @ STUBIN 6 I.SILVESTER @ SILVASTAR ... PETITIONERS / ACCUSED NO.1 TO 6 Vs STATE REP. BY THE INSPECTOR OF POLICE, KANYAKUMARI POLICE STATION, KANYAKUMARI, KANYAKUMARI DISTRICT.

(CRIME NO.84/2019) ... RESPONDENT / COMPLAINANT ARJUN ... PETITIONER/ INTERVENER For Petitioners : MR.S.BALAMURUGAN Advocate For Respondent : MRS.S.BHARATHI, Government Advocate (Crl. Side) For Intervenor : MR.C.SARAVANA KUMAR, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.1 to 6 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148, 294(b), 323, 324, 427, 506(ii) of IPC, in Crime No.84 of 2019 on the file of the respondent police and hence, seek anticipatory bail. 2.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence and pray for anticipatory bail in favour of the petitioners.

3.It is submitted by the learned Government Advocate (Crl.Side) that the injured person had already been discharged from the hospital.

4.The learned counsel appearing for the intervenor strongly opposed to grant anticipatory bail.

5.Considering the facts and circumstances of the case and also considering the fact that the injured person had already been discharged from the hospital, this Court is 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 No.I, Nagercoil and on each of them 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 petitioners shall appear before the Judicial Magistrate No.I, Virudhunagar for a period of two weeks and thereafter as and when required. The petitioners shall comply with the condition 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 stands dismissed.

sd/- 08/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3 THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR.

4 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

5 THE INSPECTOR OF POLICE, KANYAKUMARI POLICE STATION, KANYAKUMARI, KANYAKUMARI DISTRICT.

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

+1. CC to M/S.S.BALAMURUGAN Advocate SR.No. 8215 +1. C.C. to M/S.C.SARAVANAKUMAR, Advocate SR.No. 8069

ORDER

IN CRL OP(MD) No.5830 of 2019 Date :08/05/2019 JM/MMS/SAR 4/16.05.2019/3P/9C