Madras High CourtCRL OP(MD)/5787/2020granted

James @ Santhiyagu v. The Inspector Of Police

2020-06-09Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. James @ Santhiyagu

2. Selvalingam

3. Renganathan

4. Williamraj

5. Alishalily

6. Sengolammal

7. Gopal

8. Prabhu

9. Sekar

10. Muniyasamy

11. Murugesan

12. Santhai Pandi

13. Mohan

14. Sathyendran ... Petitioners/Accused Nos.1 to 14 Vs State Rep.by The Inspector of Police, Ilayangudi Police Station, Sivagangai District.

Crime No.85/2020.

... Respondent/Complainant For Petitioners: M/s.S.Malaikani, 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.85 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), 448, 324, 506(ii) and 379 IPC and Section 3 of Tamil Nadu Public Property Damages and Losses Act, in Crime No.85 of 2020, on the file of the respondent police, seek anticipatory bail. 3.The learned counsel appearing for the petitioners would point out that it is a counter case and that at their instance, Crime No.84 of 2020 was registered. The offence does not appear to be a major one.

4.Since the case and counter case have been registered, 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, Elayangudi, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two common 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.

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/- 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.

1. THE JUDICIAL MAGISTRATE, ELAYANGUDI.

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

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3. THE INSPECTOR OF POLICE, ILAYANGUDI POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5787 of 2020 Date :09/06/2020 MS/PN/SAR-2/11.06.2020/3P.5C 3/3