Madras High CourtCRL OP(MD)/6141/2020ordered

Pasumpon v. The Inspector Of Police

2020-06-12Honourable Mr Justice V. Bharathidasan2 pages

CRL OP(MD). No.6141 of 2020 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.6141 of 2020 1.Pasumpon 2.Sakkaiyan ... Petitioners/Accused No.3 & 4 Vs State rep by its The Inspector of Police Soolakarai Police Station, Virudhunagar District.

(Crime No.133 of 2020) ... Respondent/Complainant For Petitioners : M/s AK.Azagarsami, 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.133 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), 324, 354, 307 and 506(ii) IPC and Section 4 of TNPWH Act, in Crime No. 133 of 2020 on the file of the respondent police, seek anticipatory bail.

3.The victim was in hospital for about 8 days and thereafter he was taking treatment in a private hospital. The victim was attacked with an iron rod. The petitioners are said to have attacked with stick.

4.The learned counsel appearing for the petitioners points out that I have granted anticipatory bail to the first accused on agreeing to pay a sum of Rs.10,000/-. These petitioners are willing to put on same terms. Both the petitioners shall jointly take a demand draft for a sum of Rs.20,000/- favouring the victim. So that, the same can be handed over to the victim by the respondent police. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.6141 of 2020 This will be a non refundable payment, but without prejudice to the petitioner's defence in the trial. Even, if the petitioners are acquitted, the amount in question will not be recovered. 5.On such deposit, 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, Virudhunagar, 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 15 days 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. TO 1 THE JUDICIAL MAGISTRATE NO II, VIRUDHUNAGAR DISTRICT.

2 -DO- THRO THE CHEIF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE SOOLAKARAI POLICE STATION, VIRUDHUNAGAR DT.

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

ORDER

IN CRL OP(MD) No.6141 of 2020 Date :12/06/2020 PD/VR/SAR 2/17.06.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2