Gowtham v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5075 of 2018 1 GOWTHAM 2 CHANDRU ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE REPRESENTED BY, THE INSPECTOR OF POLICE, BAZAAR POLICE STATION, RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.

IN CR.NO. 62/2018 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.R.MURUGAN, Advocate For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused with rank not known apprehending arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 324 and 506 (ii) of IPC in Crime No.62 of 2018, on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity between the petitioners and the defacto complainant, when they went for taking food in the hotel, a wordy altercation arose between the petitioner and the defacto complainant which resulted in exchange of blows. The petitioners allegedly assaulted the defacto complainant. Therefore, the defacto complainant lodged a complaint and the respondent police registered a case in Crime No.62 of 2018, on the file of the Inspector of Police, Bazaar Police Station, Ramanathapuram, Ramanathapuram District.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any of the offences as alleged by the prosecution. https://hcservices.ecourts.gov.in/hcservices/

4.The learned Government Advocate (Crl.side) appearing for the State submitted that there are seven previous cases are pending against the first petitioner. He further submitted that the injured had already been discharged from the hospital and the investigation is still pending.

5.Considering the facts and circumstances of the case and also considering the fact that the injured had already been discharged from the hospital, this Court is 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 Court No.I, Ramanathapuram 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 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. 6.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 03/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE,RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE, BAZAAR POLICE STATION, RAMANATHAPURAM,RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.MURUGAN Advocate SR.No.5303

ORDER

IN CRL OP(MD) No.5075 of 2018 Date :03/04/2018 PK/KAK-PN/SAR-2/16.04.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/