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Madras High CourtCRL OP(MD)/5249/2020granted

Muthukumar v. The Inspector Of Police

2020-06-08Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.5249 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.5249 of 2020

1. Muthukumar

2. Risathraj ... Petitioners/Accused 1 & 2 Vs State Rep.by The Inspector of Police, Devathanapatti Police Station, Theni District.

... Respondent/Complainant For Petitioner : M/s.K.Appadurai, 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.57 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), 323, 324, 307 and 506(ii)of I.P.C., in Crime No.57 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The petitioners are said to have caused stab injuries.

4. The learned Government Advocate(Crl. Side) states that the victim was in hospital for about 10 days.

5. The petitioners agreed to take a Demand Draft for a sum of Rs.10,000/-(Rupees Ten Thousand only) favouring the victim and https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.5249 of 2020 enclose the same along with surrender petition. The Court below will hand over the Demand Draft to the victim directly through the respondent. This is of course without prejudice to the petitioners' defence in the trial.

6. Recording the said undertaking given by the petitioners, 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, Periyakulam, 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.

7. The petitioners shall appear before the concerned Magistrate within a period of eight weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 08/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, PERIYAKULAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3. THE INSPECTOR OF POLICE, DEVATHANAPATTI POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5249 of 2020 Date :08/06/2020 MS/PN/SAR-3/08.06.2020/2P.5C https://hcservices.ecourts.gov.in/hcservices/ 2/2