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Madras High CourtCRL OP(MD)/4927/2020allowed

Karunanithi v. The Inspector Of Police

2020-03-19Honourable Mr Justice Rmt. Teekaa Raman2 pages

CRL OP(MD). No.4927 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/03/2020 PRESENT The Hon`ble MR.Justice RMT.TEEKAA RAMAN CRL OP(MD). No.4927 of 2020 Karunanithi ... Petitioner/Accused No.2 Vs State represented by The Inspector of Police, Kenikkari Police Station, Ramanathapuram District.

Crime No.84 of 2020 ... Respondent/Complainant For Petitioner : Mr.K.Navaneetharaja, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side).

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.84 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 342, 324, 323 and 307 of I.P.C., in Crime No.84 of 2020, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner herein namely, second accused and the first accused are the Officer bearers of CITUC Association. The defacto complainant has asked for certain clarification with regard to the financial transaction which let to altercation. The overt-act against A-2 is that he caught hold the defacto complainant while A-1 hit the victim with brick on his chest and on the following night, he sustained chest pain and subsequently, he has admitted in the Hospital. Hence, the case. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

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CRL OP(MD). No.4927 of 2020 4.The learned Government Advocate (Crl.side) appearing for the respondent would submit that the co-accused namely, A-1 was already arrested and bail has been granted.

5.The learned counsel for the petitioner would submit that the prosecution case is entirely false. He is an innocent and he did not commit any offence as alleged by the respondent police. 6.Taking note of the fact that the co-accused has already been released on bail, this Court is 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, Ramanathapuram 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 daily at 10.30 a.m. for a period of three weeks and thereafter 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 on or before 26.03.2020, 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 II, RAMANATHAPURAM. 2.THE CHIEF JUDICIAL MAGISTRATE,RAMANATHAPURAM DISTRICT. 3.THE INSPECTOR OF POLICE, KENIKKARI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to M/S.K.NAVANEETHARAJA Advocate SR.No.5512

ORDER

IN CRL OP(MD) No.4927 of 2020 cp Date :19/03/2020 TK/PN/SAR.4/19.03.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2