A. Bose v. The Inspector Of Police

CRL OP(MD). No.12561 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/09/2019 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12561 of 2019 1.A.Bose 2.Duraipandi @ Thangapandi ... Petitioners/Respondents 1 & 2/ Petitioners 1 & 2, Accused 1 & 2 Vs The State represented by, The Inspector of Police, Melur Police Station, Madurai District, (Crime No.121/2019). ... Respondent/Petitioner/ Respondent/Complainant For Petitioners : M/s. D.Karthikraja, 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. 121 of 2019 on the file of the Respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 323, 506(i) of I.P.C., and Section 4 of TNPHW Act, 2002 @ Section 294(b), 323, 506(i) and 302 of IPC and Section 4 of TNPHW Act, 2002 in Crime No.121 of 2019 on the file of the respondent police, seek anticipatory bail.

3.It is seen that the first petitioner assaulted the defacto complainant. The second petitioner however caused injury to the deceased. Since the specific overt act in respect of the death of https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.12561 of 2019 Katta Periya Karuppan is attributed only to the second petitioner, I am not inclined to grant any relief to the second petitioner. The first petitioner admittedly did not attack the deceased. Therefore, anticipatory bail is granted for the first petitioner alone. It stands dismissed as far as second petitioner is concerned. 4.Accordingly, first petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Melur, Madurai District, 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 first petitioner shall appear before the respondent police as and when required for interrogation. The first petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The first 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/- 09/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT 2.THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3.THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT, 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. D.KARTHIKRAJA Advocate SR.No.15077 ORDER IN CRL OP(MD) No.12561 of 2019 Date :09/09/2019 RMI PK/MMS/SAR-3/13.09.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2