Pandi v. The 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. Pandi
2. Sankaran
3. Petchiraja
4. Marimuthu
5. Kannan
6. Durai
7. Mari
8. Isakki
9. Ulagu 10.Selvam 11.Solaiappan ... Petitioners/Accused A3 to 13 Vs State rep by its The Inspector of Police Srivaikundam Police Station Thoothukudi District.
(Crime No.279 of 2020) ... Respondent/Complainant For Petitioners : M/s R.Balamurugan, Advocate.
For Respondent : Mr.A.Robinson, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- for Anticipatory Bail in Crime No.279 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(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), 307, 323 and 506(ii) of IPC, in Crime No. 279 of 2020 on the file of the respondent police, seek anticipatory bail.
3. The learned counsel appearing for the petitioners, on instruction, gives the following undertaking: (a) The petitioners will jointly take a demand draft for a sum of Rs.25,000/- favouring the victim and arrange to pass the same through the respondent police. This will be a non refundable payment, but without prejudice to the defence of the petitioners in the trial.
(b) The petitioners will stay at Tirunelveli for a period of six(6) weeks from today. If this undertaking is breached, this Court will not hesitate to cancel this anticipatory bail.
4. 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, Srivaikundam, Thoothukudi District, and each of them 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 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.
5. 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, SRIVAIKUNDAM, THOOTHUKUDI DISTRICT.
2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.
3. THE INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.6177 of 2020 Date :12/06/2020 NS SRS/ JC/ SAR-III/ 17.06.2020/ 3P/5C