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Madras High CourtCRL OP(MD)/12398/2019partly allowed

Rengasamy v. The Inspector Of Police

2019-09-05Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN

1. Rengasamy,

2. Jothi,

3. Kokila,

4. Nithikumar,

5. Karmegam, [Minor P4 and P5 Rep by its Guardian Petitioner No.1 Rengasamy].

... Petitioners/Accused Vs The Inspector of Police, Vattathikottai Police Station, Tanjore District, Cr No.91 of 2019.

... Respondent/Complainant For Petitioners : M/s. R.M. Sivakumar, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No .91 of 2019, on the file of the respondent police ORDER : The Court made the following order :- 1/3

The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 294(b), 354, 324 and 506(2) of I.P.C., in Crime No.91 of 2019 on the file of the respondent police, seek anticipatory bail. 2.Heard the learned counsel appearing for the petitioners and learned Government Advocate (Crl. Side) appearing for the respondent.

3.It is seen that the primary allegations are only against the first petitioner herein. The de-facto complainant has been badly injured and is still in an inpatient in Thanjavur Medical Hospital.

4.The learned counsel for the petitioner states that the first petitioner would surrender before the respondent police on 06.09.2019 itself.

5.In view of said undertaking given on instructions, this Court grants anticipatory bail to the petitioners 2 to 5. This Criminal Original Petition is dismissed as far as the first petitioner is concerned.

6.Taking note of the facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioners 2 to 5 with certain conditions. Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Pattukottai, 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 2 to 5 shall appear before the respondent police as and when required for interrogation. The petitioners 2 to 5 shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

7.The petitioners 2 to 5 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/- 05/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. Judicial Magistrate, Pattukottai.

2. Do-Through The Chief Judicial Magistrate, Thanjore District.

3. The Inspector of Police, Vattathikottai Police Station, Tanjore District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1CC TO MR.R.M.SIVAKUMAR, Advocate Sr. No. 15002

ORDER

IN CRL OP(MD) No.12398 of 2019 Date : 05/09/2019 TR/PN/SAR-II (13.09.2019) 3P 6C 3/3