P.Sathiskumar 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. P.Sathiskumar

2. S.Senthil Murugan

3. R.Jeba @ Ajith Kumar

4. S.Velmurugan ... Petitioners A1 to A4 Vs The State rep. by The Inspector of Police, Kurumbur Police Station, Thoothukudi District.

Crime No. 231 of 2020. ... Respondent/Complainant For Petitioners : M/s G.Thalaimutharasu, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the Petitioner on bail in the event of his arrest by the respondent police in connection with Cr.No. 231 of 2020 pending 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 341, 294(b), 323 and 506 (ii) of I.P.C., and Section 4 of TNPHW Act in Crime No. 231 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The learned Government Advocate (Criminal side) would submit

that the victim is a lady, aged about 50 years. She was in Hospital for about seven days.

4. Taking note of the period of hospitalization, I indicated that the petitioners should appropriately compensate the victim. The petitioners' counsel on instructions given an undertaking that the petitioners will take a Demand Draft for a sum of Rs.7,500/- (Rupees Seven Thousand Five Hundred only), favouring the victim and arrange to pass on the same to the victim through the respondent Police. This will be a non-refundable payment but without prejudice to the petitioners' defence in the trial.

5. Recording the 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, Srivaigundam, Thoothukudi District and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two common 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 eight 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.

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, SRIVAIGUNDAM, THOOTHUKUDI DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

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

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

ORDER

IN CRL OP(MD) No.6186 of 2020 Date :12/06/2020 TSG SRS/ JC/ SAR-II/ 18.06.2020/ 3P/5C