Selvendhiran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Selvendhiran ... Petitioner/Accused Rank not known Vs State rep. By:

The Inspector of Police, Kulithalai Police Station, Kulithalai, Karur District.

(Crime No.52 of 2020).

... Respondent/Complainant For Petitioner : Mr.K.Arunraj, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) For Intervenor : Mr.N.Mohamed Asif for Mr.R.M.Sivakumar PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory Bail in Crime No.52 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 is figuring as A1 in Crime No.52 of 2020 registered on the file of the Kulithalai Police Station for the offences punishable under sections 341, 294(b), 323, 324, 379 and 506(2) of I.P.C.

3. It appears that there is a civil dispute pending between the petitioner and the defacto complainant. The petitioner is said to have assaulted the victim with bare hands. The victim was in hospital for about three days.

4. The petitioner undertakes to take a demand draft favouring the victim for a sum of Rs.2,000/- and enclose the same along with the surrender petition. The petitioner's counsel undertakes that the petitioner would file an affidavit of undertaking before the Court 1/3

below at the time of surrender that he will no longer interfere with the petitioner.

5. The Court below shall hand over the demand draft through the respondent Police to the victim directly. This will be a non refundable payment and this will be without prejudice to the petitioner's defence.

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 No.II, Kulithalai, 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.

rmi 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 NO.II, KULITHTALAI, KARUR DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE KARUR DISTRICT 3 THE INSPECTOR OF POLICE KULITHALAI POLICE STATION, KULITHALAI, KARUR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1. CC to Mr.K.Arunraj Advocate SR.No.3439 +1.CC. To Mr.R.M.Sivakumar, Advocate in SR No.3405

ORDER

IN CRL OP(MD) No.2837 of 2020 Date :18/02/2020 MK/SKN/SAR 4 (24.02.2020) 3P 7C 3/3