Madras High CourtCRL OP(MD)/5855/2020partly allowed

Prabhaharan v. The Inspector Of Police

2020-06-12Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.5855 of 2020

1. Prabhaharan

2. Ramar

3. Boominathan

4. Muralidharan

5. Kasi @ Kasinathan

6. Krishnamoorthy

7. Karuppunathan

8. Vilvathamilarasan

9. Thiruneelakandan 10.M.Vinothkumar @ Rasathi 11.Shanmuganathan 12.Eswaran @ Eswaramoorthy 13.Linganathan 14.Mariselvam 15.Velmurugan ... Petitioners 1 to 15/Accused 3 to8,10 to 18 Vs The State rep. by The Inspector of Police, Kadaladi Police Station, Ramnad District (Crime.No. 109 of 2020).

... Respondent/Complainant For Petitioner : M/s M.Lingadurai, 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. 109 of 2020 on the file of the Respondent Police 1/3

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 learned counsel appearing for the petitioners seeks leave to withdraw this Criminal Original Petition as regards the petitioners 1 and 2. This Criminal Original Petition is dismissed as withdrawn as regards the petitioners 1 and 2. 3.The petitioner Nos.3 to 15 apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 148, 294(b), 323, 324, 326, 353 and 506(ii) of I.P.C., in Crime No. 109 of 2020 on the file of the respondent police, seek anticipatory bail.

4.The learned counsel appearing for the petitioners states that the petitioners are illiterate villagers and that the occurrence had taken place without being aware of the idendity of the victim. He would also state that the overt act is attributed only against the petitioners 1 and 2 and that the petitioners 3 to 15 may not really be a party to the same.

5.Taking note of the submission made by the learned counsel for the petitioners, I am inclined to grant anticipatory bail to the petitioners Nos.3 to 15 with certain conditions. Accordingly, petitioners Nos.3 to 15 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Kadaladi, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two common sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner Nos.3 to 15 shall appear before the respondent police as and when required for interrogation. The petitioner Nos.3 to 15 shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioner Nos.3 to 15 shall appear before the concerned Magistrate within a period of eighty(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.

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TO 1 JUDICIAL MAGISTRATE KADALADI, RAMANATHAPURAM DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE KADALADI POLICE STATION, RAMNAD DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :12/06/2020 PD/JC/SAR 2/17.06.2020/3P/5C 3/3