Madras High CourtCRL OP(MD)/2420/2020granted

S.Nagappan v. The Inspector Of Police

2020-02-12Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. S.Nagappan

2. Senthil @ Senthil Murugan

3. Selvam @ Muniyappan

...Petitioners/Accused No.A2 to A4

Vs State Rep.by The Inspector of Police, Palaviduthi Police Station, Karur District.

(In Crime No.18 of 2020) ... Respondent/Complainant For Petitioners : M/s.M.Lingadurai, Advocate.

For Respondent : Mrs.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.18 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 under sections 294(b), 332, 427, 307 506(ii) and 379 of I.P.C. in Crime No.18 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The learned Government Advocate (Crl. Side) reiterated the averments set out in the FIR and alleged that the second petitioner herein had attempted to cause death of the defacto complainant who is the Inspector of Police.

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4. On carefully going through the entire materials on records, I am satisfied that what has happened is a pure accident and the second petitioner did not have any conscious design to kill the defacto complainant. However, it is not in dispute that the petitioners were parties to illegal removal and transportation of sand.

The learned counsel appearing for the petitioners on instructions states that the petitioners shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the bank account of the Superintendent, Government Observation Home, Kamarajar Salai, Madurai bearing Account No.161401000024282, MICR Code : 625020012, IFSC Code : IOBA0001614, Indian Overseas Bank, Teppakulam Branch, Madurai. This will be non-refundable payment.

6. Recording the same, 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, Kulithalai, Karur District, 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/- 12/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

1. THE JUDICIAL MAGISTRATE, KULITHALAI, KARUR DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3. THE INSPECTOR OF POLICE, PALAVIDUTHI POLICE STATION, KARUR DISTRICT.

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

COPY TO:

THE SUPERINTENDENT, GOVERNMENT OBSERVATION HOME, KAMARAJAR SALAI, MADURAI.

+1 CC to M/s.M.LINGA DURAI, Advocate ( SR-2960[I] dated 12/02/2020 ) ORDER IN CRL OP(MD) No.2420 of 2020 Date :12/02/2020 MS/PN/SAR-1/17.02.2020/3P.7C 3/3