Madras High CourtCRL OP(MD)/9895/2018partly allowed

Muthukaruppan v. The Sub Inspector Of Police

2018-06-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of June Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.9895 of 2018 1 MUTHUKARUPPAN 2 RAMESH ... PETITIONERS/ ACCUSED NO.1 & 2 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI DISTRICT.

CRIME NO.172 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.K.VINAYAGAN, Advocate For Respondent : Mr.A.ROBINSON, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, 506(ii) and 307 of IPC., in Crime No.172 of 2018, seek anticipatory bail.

2.The first petitioner is having previous cases, he is said to have assaulted the defacto complainant, who is the police informer. The assault is very brutal in nature. Hence, this Court is not inclined to grant anticipatory bail to the first petitioner concerned.

3.The second petitioner is not having any previous case. Taking note of the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the second petitioner with certain conditions. Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court No.II, Madurai, 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 second petitioner shall appear before the respondent police as and when required for interrogation. The second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

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4.The second petitioner 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/- 19/06/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

1. THE JUDICIAL MAGISTRATE NO.II, MADURAI.

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

3. THE SUB INSPECTOR OF POLICE SILAIMAN POLICE STATION, MADURAI DISTRICT.

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

+1. CC to Mr.K.VINAYAGAN Advocate SR.No.10758

ORDER

IN CRL OP(MD) No.9895 of 2018 Date :19/06/2018 MS/PN/ASVM/22.06.2018/2P.6C https://hcservices.ecourts.gov.in/hcservices/