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Madras High CourtCRL OP(MD)/2170/2020granted

Periyasamy v. The Inspector Of Police

2020-02-07Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.2170 of 2020 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.2170 of 2020 Periyasamy ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Moondradaippu Police Station, Tirunelveli District.

Crime No.11 of 2020 ... Respondent/Complainant For Petitioner : M/s.D.Venkatesh, 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.11 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 448, 294(b), 323 and 506(i) of I.P.C., in Crime No.11 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The defacto complainant is the 90 years old father of the petitioner. The petitioner is said to have assaulted and harassed him for making him to part with the property. 4.The petitioner's counsel states that the petitioner will file an appropriate undertaking before the Court below at the time of executing the sureties that he will completely keep off from his aged father.

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CRL OP(MD). No.2170 of 2020 5.If this undertaking is breached, this Court will not hesitate to cancel the anticipatory bail.The respondent is mandated to keep watch the petitioner's activities, so that, the petitioner's father is not harassed any further hereafter.

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

7. 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/- 07/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, NANGUNERI.

2.THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE, MOONDRADAIPPU POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.D.VENKATESH, Advocate ( SR-2768[I] dated 11/02/2020 )

ORDER

IN CRL OP(MD) No.2170 of 2020 Date :07/02/2020 TK/PN/SAR.3/11.02.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2