Madras High CourtCRL OP(MD)/7377/2020granted

Kervin v. The Inspector Of Police

2020-07-15Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.7377 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.7377 of 2020 Kervin ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Thiruchendur Taluk Police Station, Thiruchendur, Thoothukudi District.

Crime No.172 of 2020 ... Respondent/Complainant For Petitioner : Mr.A.Mohan, 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. 172 of 2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioner is shown as an accused in Crime No.172 of 2020 registered on the file of the respondent Police for the offences under Sections 294(b), 324 and 506(ii) of IPC. 2.The petitioner along with other accused had attacked the victim causing him injuries. This Court while granting anticipatory bail to the co-accused, dismissed the petition for anticipatory bail as far as the petitioner is concerned.

3.The petitioner renews the request by citing his medical condition as well as the current pandemic situation. The petitioner undertakes to take a demand draft for a sum of Rs.10,000/- favouring the victim and pass on the same to him through the respondent Police. This will be a non-refundable payment and this will be without prejudice to the petitioner's defence in the trial. The petitioner gives further undertaking that he will behave himself properly in future.

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CRL OP(MD). No.7377 of 2020 4.This undertaking to keep good behavior is recorded. 5.Recording the undertaking given by the petitioner, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thiruchendur, and on his 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 petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6.The petitioner shall appear before the concerned Magistrate within a period of eight (8) weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 15/07/2020 / 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, THIRUCHENDUR.

2.THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3.THE INSPECTOR OF POLICE, THIRUCHENDUR TALUK POLICE STATION, THIRUCHENDUR, THOOTHUKUDI DISTRICT.

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

ORDER

IN CRL OP(MD) No.7377 of 2020 rmk Date :15/07/2020 TK/PN/SAR.2/20.07.2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2