Madras High CourtCRL OP(MD)/13042/2019partly allowed

Ganesan v. The Inspector Of Police

2019-09-19Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.13042 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.13042 of 2019

1. Ganesan

2. Duraibalan

3. Kannan

4. Chandrasekar ... Petitioners/Accused Nos.1 to 4 Vs The State rep. by The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

(Crime No. 165 of 2019).

... Respondent/Complainant For Petitioner : M/s. G. Kasinathadurai, 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. 165 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), 324 and 506(ii) of I.P.C., in Crime No.165 of 2019, on the file of the respondent police, seek anticipatory bail. 3.It is seen that the primary allegations are made only against the first petitioner. The victim is still in hospital. The petitioners 2 to 4 are not having any previous case. Hence, this Criminal Original Petition is dismissed as far as the first petitioner is concerned. The first petitioner will have to necessarily surrender and apply for regular bail. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.13042 of 2019 4.Taking note of the facts and circumstances, I am inclined to grant anticipatory bail to the petitioners 2 to 4 with certain conditions. Accordingly, the petitioners 2 to 4 are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thiruvadanai, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two common sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners 2 to 4 shall appear before the respondent police as and when required for interrogation. The petitioners 2 to 4 shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The petitioners 2 to 4 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/- 19/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVADANAI 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLIC,E R.S.MANGALAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1 CC to M/s.G.KASINATHA DURAI, Advocate (SR-15878[I] dt 19/09/2019)

ORDER

IN CRL OP(MD) No.13042 of 2019 Date :19/09/2019 SDS/JC/SAR-3/24.09.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2