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Madras High CourtCRL OP(MD)/5733/2020granted

Muthu Kumar v. The Sub Inspector Of Police

2020-06-08Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. Muthu Kumar

2. Mani

3. Kalisamy

4. Pappu

5. Sindhu

6. Kodeeswari

7. Kumar

8. Muthuammal

9. Gokul

10. Gokula Priya ... Petitioners/Accused 1 to 10 Vs The Sub Inspector of Police, Palani Chetti Patti Police Station, Theni District.

Crime No.674/2020 ... Respondent/Complainant For Petitioners: Mr.N.Saravanan, Advocate for M/s.Muthuram Law Associates, 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.674 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. 1/3

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 294(b), 323, 324 and 506(ii)of I.P.C., in Crime No.674 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The counter case has been registered. Except the first petitioner, the other petitioners are not having any previous case. The victim appears to have been admitted in hospital for a period of three days. Since this is a case of case and counter, I am inclined to grant relief to the petitioners. The petitioners will have to conduct themselves properly and there should not be any more follow out and if there is any follow out or sequence of the occurrence, this Court will not have any hesitation to cancel this anticipatory bail.

4. Subject to this condition, 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, Theni, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with common surety 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.

5. 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.

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TO

1. THE JUDICIAL MAGISTRATE, THENI.

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

3. THE SUB INSPECTOR OF POLICE, PALANI CHETTI PATTI POLICE STATION, THENI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5733 of 2020 Date :08/06/2020 MS/PN/SAR-2/08.06.2020/2P.5C 3/3