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Madras High CourtCRL OP(MD)/7513/2021partly allowed

A.Jeyaraman @ Ramar v. The Inspector Of Police

2021-06-09Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/06/2021 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.7513 of 2021

1. A.Jeyaraman @ Ramar

2. S.Manivel

3. M.Sathish Kumar ... Petitioners/ Accused Ranks Not Known Vs The State rep. by The Inspector of Police, Puzhuthipatti Police Station, Sivagangai District.

Crime No.48 of 2021. ... Respondent/ Defacto Complainant For Petitioners : Mr.K.Dinesh, Advocate.

For Respondent : Mr.T.Senthilkumar, Government Advocate (Criminal Side) For Intervener : Mr.AN.Ramanathan, Advocate.

PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.48 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offence punishable under Sections 323, 452, 427 and 506(i) of I.P.C., in Crime No.48 of 2021 on the file of the respondent police, and seek anticipatory bail. 2.Heard the learned counsel for the petitioners, the learned counsel for the intervener and the learned Government Advocate (Criminal Side) for the respondent police.

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3.The learned counsel for intervener points out that the victim has been hit in the left eye and he is taking treatment in Aravind Eye Hospital and has so far incurred an expenditure of more than Rs.20,000/-. The second petitioner appears to be having bad antecedents. Therefore, this criminal original petition is dismissed as regards the second petitioner/Manivel and the petitioners 1 and 3 are granted anticipatory bail on certain conditions. 4.Accordingly, the petitioners 1 and 3 are ordered to be released on bail in the event of arrest by the respondent police on executing personal bonds for a sum of Rs.

5,000/- [Rupees Five Thousand only] each with two sureties each for a likesum to the satisfaction of the respondent police and on further condition that the petitioners 1 and 3 shall appear before the learned Judicial Magistrate, Singampunari, Sivaganga District, and execute fresh personal bonds for a sum of Rs.

[d]the petitioners 1 and 3 shall not tamper with evidence or witness either during investigation or trial; [e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 1 and 3 in accordance with law as if the conditions have been imposed and the petitioners 1 and 3 released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560]; and [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

sd/- 09/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, SINGAMPUNARI, SIVAGANGAI DISTRICT.

2. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE INSPECTOR OF POLICE, PUZHUTHIPATTI POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.7513 of 2021 Date :09/06/2021 IAS SRS/JC/SAR-I/15.06.2021/3P/5C 3/3