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Madras High CourtCRL OP(MD)/3292/2020partly allowed

Ayyan Durai v. The Inspector Of Police

2020-02-24Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.3292 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.3292 of 2020

1. Ayyan Durai

2. Samuvel

3. Rajapandi ... Petitioners/Accused Nos.1,2 &4 Vs The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

In Crime No.20 of 2020. ... Respondent/Complainant For Petitioners : M/s.Muthuvai Ilayaraja, 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.20 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 147, 148, 294(b), 324, 323, 506(ii), 307 of I.P.C., in Crime No. 20 of 2020 on the file of the respondent police, seek anticipatory bail.

3. This is the petitioners' third petition for anticipatory bail. I find no change in circumstances. However, the learned counsel for the petitioners points out that a counter case was registered, since the third petitioner Rajapandi was injured. He is aged about 58 years.

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CRL OP(MD). No.3292 of 2020 4.Taking note of these aspects, I am inclined to grant anticipatory bail to the third petitioner alone and the same is dismissed as regards the petitioners 1 and 2. 5.In view of the above, I am inclined to grant anticipatory bail to the third petitioner with certain conditions. Accordingly, third petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Kadaladi, 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 third petitioner shall appear before the respondent police as and when required for interrogation. The third petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The third 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/- 24/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, KADALADI, RAMANATHAPURAM DISTRICT.

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

3. THE INSPECTOR OF POLICE, SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER IN CRL OP(MD) No.3292 of 2020 Date :24/02/2020 PNN TE/PN/SAR-IV : 27/02/2020 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2