Madras High CourtCRL OP(MD)/22923/2018ordered

Gowthaman v. The Inspector Of Police

2018-12-27Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Seventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr Justice B.PUGALENDHI CRL OP(MD) No.22923 of 2018 1.GOWTHAMAN 2.SASIKUMAR@KARUPPU ... PETITIONERS / ACCUSED No.3 and 4 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE THANJAVUR TMCH POLICE STATION, THANJAVUR DISTRICT Crime No.497/2018 ... RESPONDENT / COMPLAINANT For Petitioners : Mr.R.MAHESWARAN Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side)] PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 147, 148 294(b), 324, 355 and 506(ii) of IPC and Section 3 (1) of TNPPDL Act in Crime No.497 of 2018, seek anticipatory bail. 2.The case of the prosecution is that on 30.10.2018, due to some wordy quarrel between the accused Nos.1 and 2 and the defacto complainant, they attacked the defacto complainant by using hands. Moreover, they gave serious life threat to the defacto complainant with dire consequences. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are accused Nos.3 and 4 and a false case has been foisted against them and they have nothing to do with the alleged offence.

Further, the learned counsel for the petitioners would submit that except the petitioners, the other accused has been released on bail by the lower Court.

4.The learned Government Advocate (Crl.side) would submit that the injured has been discharged from the hospital. https://hcservices.ecourts.gov.in/hcservices/

5.Taking into consideration the facts of the case and also considering the nature of the offences under the TNPPDL Act, this Court inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail subject to the following conditions:

[a] the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a likesum to the satisfaction of the learned Judicial Magistrate, Court No.I, Thanjavur;

[b] the petitioners shall deposit a sum of Rs.2,000/- (Rupees two thousand only) each to the credit of Legal Service Authorities attached to this bench, without prejudice to their defence before the trial Court;

[c] the petitioners shall appear before the respondent police daily at 10.30 am until further orders, failing which, the petition for anticipatory bail shall stand automatically cancelled;

sd/- 27/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO I, THANJAVUR.

2.THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3.THE INSPECTOR OF POLICE, THANJAVUR TMCH POLICE STATION, THANJAVUR DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.R.MAHESWARAN Advocate SR.No.24134 COPY TO:

THE AUTHORISED OFFICER, LEGAL SEVICE AUTHORITY, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.22923 of 2018 Date :27/12/2018 TK/VR/SAR-3/31.12.2018/2P/7C https://hcservices.ecourts.gov.in/hcservices/