Madras High CourtCRL OP(MD)/13971/2019partly allowed

Elavarasan, S/O.Neelamegam v. The Inspector Of Police

2019-10-03Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.13971 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/10/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.13971 of 2019 1.Elavarasan 2.Barath @ Vigneswaran 3.Prakash 4.Krishnamoorthi @ Kutti ... Petitioners/Accused No.1 to 4 Vs State Rep.by The Inspector of Police, Kattuputhur Police Station, Kattuputhur, Trichy District.

Crime No.165 of 2019. ... Respondent/Complainant For Petitioners : Mr.K.Arunraj, 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 Cr.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.The petitioner 1 and 2 had assaulted the victim on his head with stick. The victim is still in hospital. The first petitioner is having previous cases to his credit. Therefore, this petition is https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.13971 of 2019 dismissed as far as the first petitioner is concerned. The first petitioner will have to necessarily surrender and take regular bail. 4.The learned counsel for the petitioner states that the petitioners 2 to 4 will take a demand draft for a sum of Rs.5,000/- (Rupees Five Thousand Only) in favour of the victim and enclosed along with the surrender petition. The Court below shall arrange to hand over the demand draft to the victim through the respondent police. This will be without prejudice to their defence on the outcome of the criminal case.

5.In view of the above, I am inclined to grant anticipatory bail to the petitioners 2 to 4 with certain conditions. Accordingly, 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, Musiri, 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 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. 6.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/- 03/10/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, MUSIRI 2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE,TRICHY DISTRICT. 3.THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION, KATTUPUTHUR,TRICHY DISTRICT.

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

+1. CC to Mr.K.ARUNRAJ Advocate SR.No.16936

ORDER

IN CRL OP(MD) No.13971 of 2019 Date :03/10/2019 TK/VR/SAR.1/11.10.2019/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2