P.Karthik v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. P.Karthik,

2. Mookaiyadevar,

3. Muthulakshmi @ Karthik ... Petitioners/Accused Nos.1 to 3 Vs State rep.by The Inspector of Police, Kayathar Police Station, Thoothukudi District.

Crime No.244 of 2020.

... Respondent/Complainant For Petitioners : M/s M.Prabhu, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the Petitioners on bail in the event of their arrest by the Respondent Police in connection with the case in Cr.no.244 of 2020.

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 188, 269, 341, 294(b), 323, 324, 336, 307 and 506(ii)of I.P.C., in Crime No.244 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The learned Government Advocate(Crl. Side) pointed out that the victim suffered serious injuries and that he was in hospital for about 7 days.

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4. The petitioners' counsel would claim that accused No.2 in this case was also attacked with wooden log. The petitioners through counsel come forward to take a Demand Draft for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) favouring the defacto complainant and enclose the same along with surrender petition. The Court below shall arrange to hand over the same to the defacto complainant directly through the respondent. This is of course without prejudice to the defence of the petitioners in the trial.

5. Recording the said undertaking given by the petitioners, 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 No.II, Kovilpatti, and on their 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 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 weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 10/06/2020 / 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 NO.II, KOVILPATTI, THOOTHUKUDI DISTRICT.

2. DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3. THE INSPECTOR OF POLICE, KAYATHAR POLICE STATION, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5881 of 2020 Date :10/06/2020 PMU AE/PN/SAR-III (12.06.2020) 3P 5C 3/3