Sesuraj v. The Inspector Of Police

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).Nos.2712 and 2752 of 2020 Sesuraj ... Petitioner/Accused No.4 Vs state represented by The Inspector of Police, Eriodu Police Station, Dindigul District Cr No.28/2020.

... Respondent/Complainant For Petitioner : M/s.A.Arul Jenifer, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) CRL OP(MD). No.2752 of 2020

1. Antony Doss

2. Charles

3. Sebasthiyar ... Petitioners/Accused No.1 to 3 Vs state rep. by The Inspector of Police, Eriodu Police Station, Dindigul District.

(Crime No.28/2020).

... Respondent/Complainant For Petitioner : M/s. S. Poornachandran, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- for Anticipatory bail in Crime No.28 of 2020 on the file of the respondent police COMMON 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. 1/3

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 324, 506(ii) of I.P.C., in Crime No. 28 of 2020 on the file of the respondent police, seek anticipatory bail.

3. Due to pathway dispute, the victim has been badly assaulted by the petitioners herein. Both his legs suffered fracture. The victim was in the hospital for 26 days. The statement from the victim indicates that Sesuraj and Sebasthiyar attacked the victim on his leg with iron rod and Antony Doss and Charles were attacked the victim on his head and mouth.

4.The learned counsel for the petitioners would submit that the petitioners will totally keep of from the victim and not trouble him. He gives a further undertaking that without prejudice to his defence in the trial, as a non-refundable payment, Antony Doss and Charles will take a demand draft for a sum of Rs.5,000/- each (Rupees Five Thousand only) and Sesuraj and Sebasthiyar will take a demand draft for a sum of Rs.10,000/- each (Rupees Ten Thousand only) favouring the victim.

5.The demand drafts will be enclosed along with the petitioner's surrender petition. The Court below shall arrange to hand over the same to the victim through the respondent. This will be a non-refundable deposit. Ofcourse, this would be without prejudice to the petitioner's contention in the trial.

6. Recording the said undertaking, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Vedachandur, and on their 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/- 24/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, VEDACHANDUR, DINDIGUL DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE ERIODU POLICE STATION, DINDIGUL DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.ARUL JENIFER Advocate SR.No.4018 +1.CC. To M/s.S.Poornachandran,, Advocate in SR No.3842

ORDER

IN CRL OP(MD) No.2712 of 2020 Date :24/02/2020 MK/SKN/SAR 3 (27.02.2020) 3P 7C 3/3