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Madras High CourtCRL OP(MD)/5890/2020partly allowed

Ruban Babu v. The Inspector Of Police

2020-06-11Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN

1. Ruban Babu

2. Elangovan

3. Kasi

4. Kaleeswari ... Petitioners/Accused No.2,4,6,7 Vs The State rep. by The Inspector of Police, Muthukulathur Police Station, Ramanathapuram District Cr No.339/2020. ... Respondent/Complainant For Petitioners : M/s. S.Muniyandi, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Criminal Side) For Intervenor : Mr.Sudalaiyandi, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.339 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- Heard Mr.S.Muniyandi, learned counsel appearing for the petitioners, Mr.Sudalaiyandi, learned counsel appearing for the intervenor and Mr.A.Robinson, learned Government Advocate(Criminal Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 147,

148, 294(b), 323, 324, 336, 307 and 506(ii) IPC, in Crime No.339 of 2020, on the file of the respondent police, seek anticipatory bail.

3. The learned counsel appearing for the intervenor and the learned Government Advocate (Criminal Side) appearing for the respondent would point out that two victims suffered serious injuries and they are still undergoing treatment in the hospital.

4. Two of the accused have since been arrested, I am not inclined to grant anticipatory bail to the petitioners 1 and 2. The third petitioner is aged about 75 years and fourth petitioner is a woman. Therefore, I am inclined to grant anticipatory bail to the petitioners 3 and 4 alone with certain conditions. Accordingly, this anticipatory bail petition is dismissed as regards the petitioners 1 and 2. The petitioners 3 and 4 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Mudukulathur, Ramanathapuram District, 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 petitioners 3 and 4 shall appear before the respondent police as and when required for interrogation. The petitioners 3 and 4 shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The petitioners 3 and 4 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.

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, MUDUKULATHUR, RAMANATHAPURAM DISTRICT.

2. DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, MUTHUKULATHUR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER

IN CRL OP(MD) No.5890 of 2020 Date :11/06/2020 MYR SRS/ JC/ SAR-II/ 15.06.2020/ 3P/5C