Swaminthan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Third day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH CRL OP(MD) No.14839 of 2018 1.SWAMINTHAN 2.YESURAJA ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISRICT Crime No.88/2018 ...RESPONDENT /COMPLAINANT For Petitioner : Mr.P.MUTHUPANDI Advocate For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147,148, 307, 323,324,448,506(ii) of IPC and 3 of TNPPDL Act in Crime No.88 of 2018, seek anticipatory bail.

2.Totally there are five accused in this case. The petitioners herein are arrayed as A4 and A5. The case of the prosecution is that the defacto complainant was attacked with wooden log. It is the further case of the prosecution that these persons have also made an attack on the defacto complainant.

3.The learned counsel for the petitioner submitted that there is no specific overt act as against these petitioners and they have been unnecessarily roped in this case.

4.The learned Additional Public Prosecutor submitted that there are totally five accused in this case and the petitioners herein are arrayed as A4 and A5 and that there is no previous case pending against the petitioners and that A1 to A3 were arrested and in judicial custody.

https://hcservices.ecourts.gov.in/hcservices/ 5.Taking note of the facts and circumstances, this Court is

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, Srivaikundam and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two 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 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 23/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2.THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3.THE SUB INSPECTOR OF POLICE, SRIVAIKUNDAM POLICE STATION, THOOTHUKUDI DISRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.P.MUTHUPANDI Advocate SR.No.16063

ORDER

IN CRL OP(MD) No.14839 of 2018 Date :23/08/2018 TK/PN/SAR.2/28.08.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/