Ramesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/03/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN Ramesh ... Petitioner/Accused 1 Vs The State rep. by The Inspector of Police, Ayyampettai Police Station, Thanjavur District, (Crime No.34/ 2020) ... Respondent/Complainant For Petitioner : M/s.G.Thalaimutharasu, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- to Anticipatory Bail in Crime No.34 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(Criminal Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 341, 294(b), 324, 506(ii) of I.P.C., in Crime No.34 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The victim in this case is none other than the father of the petitioner. The petitioner had caused a fracture injury to his father. There appears to be a property dispute.

4. The petitioner gives an undertaking that he will no longer harass his father in any manner. The petitioner also will give his unconditional apology. To this effect, he file an affidavit before the Court below. The Court below will pass on the copy of the said affidavit through the respondent police to the victim.

5. If this undertaking is ever breached, it will be open to the prosecution or the victim to move this Court for cancellation. This Court will not hesitate to cancel the order now granted and commit the petitioner to custody.

6. Subject to this 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.III, Thanjavur, 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.

sd/- 19/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.III, THANJAVUR.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR.

3. THE INSPECTOR OF POLICE, AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.G.THALAIMUTHARASU Advocate (SR.No.5482(I) dated 19/03/2020)

ORDER

IN CRL OP(MD) No.4750 of 2020 Date :19/03/2020 RMI SRS/ JC/ SAR-II/ 19.05.2020/ 3P/6C