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Madras High CourtCRL OP(MD)/2812/2020granted

Dinesh v. The Inspector Of Police

2020-02-18Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.2812 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2812 of 2020

1. Dinesh

2. Saravana Boopathi ... Petitioners/Accused No.2&3 Vs State through its The Inspector of Police, Melur Police Station, Madurai District.

Cr.No.92/2020.

... Respondent/Complainant For Petitioners : M/s.S.MP.Amalan, 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.92 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 341, 294(b), 324, 379 and 506(2) of I.P.C., in Crime No.92 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The case of the prosecution is that the petitioners picked up a quarrel with the defacto complainant regarding traffic issue and also beaten him.

4. I find absolutely no justification for the petitioners to have behaved in that manner.

5. The petitioner's counsel, on instructions, states that the petitioners have realized their mistake and that, the petitioners will take a demand draft for a sum of Rs.1,000/-each favoring the defacto complainant to show their regret and also write out a hand written letters of apology addressed to the defacto complainant. The https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2812 of 2020 demand draft as well as the original letter will be enclosed by the petitioners at the time of surrender. The Court below shall arrange to hand over the same to the defacto complainant through the respondent police. This is of-course without prejudice to the petitioner's defence in the trial.

6. Recording the petitioner's undertaking, 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, Melur, 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/- 18/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

+1. CC to M/S.S.MP.AMALAN Advocate SR.No.3539

ORDER

IN CRL OP(MD) No.2812 of 2020 Date :18/02/2020 rmi MK/SKN/SAR 4 (24.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2