S.Manivel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/07/2021 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN S.Manivel ... Petitioner/Petitioner/ Petitioner/Accused No.2 Vs The State Represented by The Inspector of Police, Puzhuthipatti Police Station, Sivagangai District.

Crime No. 48/2021.. ... Respondent/Complainant For Petitioner : Mr.V.Malaiyendran, Advocate.

For Respondent : Mr.T.Senthil Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in crime NO. 48/2021 on the file of the respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 452, 323, 427 and 506(i) of I.P.C., in Crime No.48 of 2021 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner's earlier petitions for anticipatory bail were dismissed. However, two of the co-accused were granted anticipatory bail. This Court was conscious that the petitioner's case did not 1/3

deserve indulgence on account of his bad antecedents. The victim has suffered severe damage in the eye and he was undergoing operation in the Aravind Eye Hospital. The victim has spent more than Rs.20,000/- towards expenses. This Court wanted to know if the expenses could be reimbursed by the accused.

4. The petitioner has renewed his prayer by undertaking to pay a sum of Rs.20,000/- to the victim. The petitioner undertakes to take a demand draft for a sum of Rs.20,000/- favouring the victim and hand over the same to the respondent police. The respondent police will in-turn hand over to the victim Arumugam S/o. Muthusamy. The said payment will be non refundable. It will of-course be without prejudice to the petitioner's defence in the trial.

5. Recording the petitioner's undertaking, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Singampuneri, 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 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 20/07/2021 / TRUE COPY / / /2021 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, SINGAMPUNERI, SIVAGANGAI DISTRICT.

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

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

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

+1. CC to Mr.V.MALAIYENDRAN, Advocate SR.No.4748 dated 22/07/2021.

ORDER

IN CRL OP(MD) No.9609 of 2021 Date :20/07/2021 SS/SRS/SAR-IV/27.07.2021 : 3P/6C 3/3