Nandakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.5983 of 2020 Nandakumar ... Petitioner/Accused 19 Vs State represented by The Inspector of Police, Batlagundu Police Station, Dindigul District.

Cr.No.463/2020.

... Respondent/Complainant For Petitioner : M/s.A.Sivasubramanian, 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 Cr.no.463 of 2020 in 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 147, 148, 294(b), 323, 324 and 506(ii) IPC and 3(1) of TNPPDL Act, in Crime No.463 of 2020, on the file of the respondent police, seeks anticipatory bail.

3.The learned Government Advocate (Crl.Side) appearing for the respondent points out that in this case, not only injury was caused to the victim, but also damage to the tune of Rs.15,000/- was caused.

4.The petitioner through his counsel undertakes to take a Demand Draft for a sum of Rs.5,000/-(Rupees Five Thousand only) favouring the victim 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. The DD will be handed over by the Court below to the victim through the respondent.

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5.Recording the said undertaking given by the petitioner, 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, Nilakottai, and on 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/- 11.06.2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MYR 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 Court, Nilakottai.

2. Do-Through The Chief Judicial Magistrate, Dindugal District.

3. The Inspector of Police, Batlagundu Police Station,Dindigul District.Cr.No.463/2020.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN CRL OP(MD) No.5983 of 2020 Date : 11/06/2020 https://hcservices.ecourts.gov.in/hcservices/ VB SKN SAR 2(15.06.2020) 2P 5C