Madras High CourtCRL OP(MD)/13237/2019partly allowed

Wiselin v. The Inspector Of Police

2019-09-20Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD).No.13237 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD).No.13237 of 2019

1. Wiselin,

2. Vimal, ... Petitioners/Accused Nos.1 & 5 Vs State rep.by The Inspector of Police, Thiruvattar Police Station, Kanyakumari District.

(Crime No.279 of 2019).

... Respondent/Complainant For Petitioner : M/s. M.R. Sreenivasan, 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.279 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 147, 294(b), 323, 307 and 506(i) of I.P.C., in Crime No.279 of 2019 on the file of the respondent police, seek anticipatory bail.

3. The petitioners have only beaten the victim with hands. The fist petitioner is having one previous case.

4. In view of the above, I am inclined to grant anticipatory bail to the second petitioner with certain conditions. Accordingly, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD).No.13237 of 2019 second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Padmanabhapuram, Kanyakumari 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 second petitioner shall appear before the respondent police as and when required for interrogation. The second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The second 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.

6.This criminal original petition is allowed as regards second petitioner. This Criminal Original Petition stands dismissed as regards first petitioner.

sd/- 20/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, PADMANABHAPURAM, KANYAKUMARI DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE, THIRUVATTAR POLICE STATION, KANYAKUMARI DISTRICT.

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

+1 CC to M/s.M.R.SREENIVASAN, Advocate ( SR-16007[I] dated 20/09/2019 )

ORDER

IN CRL OP(MD) No.13237 of 2019 rmi Date :20/09/2019 AE/SK/SAR-II (25.09.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2