Gobinath v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN GOBINATH ... PETITIONER/ACCUSED RANK NOT KNOWN VS STATE REP. BY THE INSPECTOR OF POLICE, SURANDAI POLICE STATION, SURANDAI, TENKASI DISTRICT CRIME NO.15/2020. ... RESPONDENT/COMPLAINANT For Petitioner : M/s.S.Palani Velayutham, 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.15 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(Crl. Side) appearing for the respondent. 2.The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 342, 323 and 506(ii) IPC and Section 4 of Tamil Nadu Prevention of Harassment of Women Act, (TNPHW), on the file of the respondent police, seeks anticipatory bail.

3.The learned counsel appearing for the petitioner points out that the case and counter have been registered against both sides; the victim has since been discharged from the hospital. The learned 1/3

counsel for the petitioner gives an undertaking that the petitioner will take a Demand Draft for a sum of Rs.5,000/-(Rupees Five Thousand only) favouring the victim for medical expenses and enclose the same along with the surrender petition. It is made that clear that this is without prejudice to his defence in the criminal trial. In other words this will not be put against the petitioner herein when the trial is taken up.

4.The learned Government Advocate appearing for the respondent states that earlier petition filed by the petitioner was dismissed by this Court.

5.Be that as it may, taking note of the offer now made by the petitioner and lapse of time and considering the current situation, 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, Alangulam, Tenkasi District 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. 6.The petitioner 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/- 09/06/2020 / 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, ALANGULAM, TENKASI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

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3 THE INSPECTOR OF POLICE SURANDAI POLICE STATION, SURANDAI, TENKASI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5691 of 2020 Date :09/06/2020 MYR JM/PN/SAR 3/11.06.2020/3P/5C 3/3