Madras High CourtCRL OP(MD)/13037/2019partly allowed

Nirmal v. The Inspector Of Police

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

CRL OP(MD). No.13037 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.13037 of 2019

1. Nirmal

2. Naveen

3. Prabhu ... Petitioners/Accused No.1 to 3 Vs State rep.by, The Inspector of Police, Bazaar Police Station, Ramanathapuram District.

(Crime No. 199 of 2019). ... Respondent/Complainant For Petitioner : M/s. R. Murugan, 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. 199 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, 148, 294(b), 323, 324 and 506(ii) of I.P.C., in Crime No.199 of 2019, on the file of the respondent police, seek anticipatory bail. 3.It appears that the case has been registered not only against the petitioners herein, but also against the de-facto complainant at the instance of the first petitioner. The first petitioner is said to be still in hospital.

4.Be that as it may, it is not in dispute that the first petitioner is having four previous cases. It is true that the victim was discharged from the hospital. But then serious allegations have been made against the first petitioner. Therefore, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.13037 of 2019 I am not inclined to grant any relief for the first petitioner. Anticipatory bail granted only for the petitioners 2 and 3 alone. The first petitioner will have to surrender and apply for regular bail.

5.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 No.I, Ramanathapuram, 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 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.

6.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/- 19/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM 2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, BAZAAR POLICE STATION, RAMANATHAPURAM DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. R. MURUGAN Advocate SR.No.15805

ORDER

IN CRL OP(MD) No.13037 of 2019 Date :19/09/2019 SJI PK/SK/SAR-1/24.09.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2