Madras High CourtCRL OP(MD)/12599/2019partly allowed

Arun Pandiyan v. The Sub Inspector Of Police

2019-09-10Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.12599 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12599 of 2019

1. Arun Pandiyan

2. Sheik Abdullah

3. Johni Wakkar ... Petitioners/Accused 1-3 Vs The State rep. by The Sub Inspector of Police, Chinnalapatti Police Station, Dindigul, Cr No. 258/2019. ... Respondent/Complainant For Petitioner : M/s. P. Subbaraj, 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.258 of 2019 on the file of the respondent 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 324 and 506(ii) of I.P.C., in Crime No.258 of 2019, on the file of the respondent police, seek anticipatory bail.

3.The primary allegations are only against the first petitioner. The first petitioner Arunpandiyan is said to have attacked the victim with stick causing injury on the head and near eye and the victim is still in hospital. However, the allegations against the 2nd and 3rd petitioners are that they caught hold of the victim. Since the allegations are primarily against the first petitioner, this Criminal Original Petition is dismissed as far as the first petitioner is concerned.

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CRL OP(MD). No.12599 of 2019 4.Taking note of the facts and circumstances, I am inclined to grant anticipatory bail to the petitioners 2 and 3 with certain conditions. Accordingly, petitioners 2 and 3 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate Court III, Dindigul, 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 petitioner 2 and 3 shall appear before the respondent police as and when required for interrogation. The petitioners 2 and 3 shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The petitioners 2 and 3 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/- 10/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE COURT III, DINDIGUL.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT.

3 THE SUB INSPECTOR OF POLICE, CHINNALAPATTI POLICE STATION, DINDIGUL.

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

+2 CC to M/s.P.SUBBARAJ, Advocate (SR-15203[I] dated 10/09/2019)

ORDER

IN CRL OP(MD) No.12599 of 2019 Date :10/09/2019 SDS/SKN/SAR-1/18.09.2019/2P-7C https://hcservices.ecourts.gov.in/hcservices/ 2/2