L.Britto v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN 1.L.Britto 2.Anthony 3.Peter ... Petitioners/Accused 1 to 3 Vs The State Rep. by The Sub Inspector of Police, Ammainaickanoor Police Station, Dindigiul District.

(Crime No.67 of 2020) ... Respondent/Complainant For Petitioners : M/s R.Suresh Kumar, 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.67 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 294(b), 323, 324, 427 and 506(ii) IPC in Crime No. 67 of 2020 on the file of the respondent police, seek anticipatory bail. 3.The learned Government Advocate (Crl.side) points out that the petitioners' earlier petition for anticipatory bail suffered from dismissal. He would also point out that the victim lost his two teeth.

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4.The learned counsel appearing for the petitioners would submit that it is a case and counter. Be that as it may, the petitioners undertake to take a demand draft for a sum of Rs.10,000/- favouring the victim and arrange to pass on the same through the respondent police. It will be a non-refundable payment, but without prejudicie to the petitioner's defence in the trial. 5.Recording the undertaking given by the petitioners, I am inclined to grant anticipatory bail to the petitioners with certain conditins. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Nilakottai, and each of them 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.

6. The petitioners shall appear before the concerned Magistrate within a period of eight(8) weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 12/06/2020 / 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. 2/3

TO

1. THE JUDICIAL MAGISTRATE, NILAKOTTAI, DINDIGUL DISTRICT.

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

3. THE SUB INSPECTOR OF POLICE, AMMAINAICKANOOR POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.5964 of 2020 Date :12/06/2020 NS TE/JC/SAR-II : 17/06/2020 : 3P/5C 3/3