Madras High CourtCRL OP(MD)/19547/2019partly allowed

Chellapandian v. The Inspector Of Police

2020-01-06Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.19547 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.19547 of 2019

1. Chellapandiyan,

2. G.Thirumurugan, ... Petitioners/Accused No.1 Vs The State rep.by The Inspector of Police, Madukkur Police Station, Pattukottai, Thanjavur District.

(Crime No.210 of 2019). ... Respondent/Complainant For Petitioners : M/s.B.Jameel Arasu, 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.210 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 under sections 294(b), 324, 506(ii) and 307 of I.P.C., in Crime No.210 of 2019, on the file of the respondent police, seek anticipatory bail.

3. The victim and the petitioners are close relatives. The victim has suffered serious cut injury on account of aruval attack at the instance of the second petitioner. The primary allegations are made only against second petitioner/Thirumurugan. The learned Government Advocate (Crl. Side) would point that the second petitioner/Thirumurugan is having previous case of murder. Therefore, I am not inclined to grant relief to the second petitioner. The criminal original petition stands dismissed as far as the second petitioner. The only course open to the second petitioner is to surrender and apply for regular bail and he cannot vex this Court by filing another petition.

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CRL OP(MD). No.19547 of 2019

4. The first petitioner is the father of the second petitioner aged about 60 years. Hence, I am inclined to grant anticipatory bail to the first petitioner with certain conditions. Accordingly, the first petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Pattukkottai, Thanjavur 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 first petitioner shall appear before the respondent police as and when required for interrogation. The first petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The first 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.

sd/- 06/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE PATTUKKOTTAI, THANJAVUR DISTRICT 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE MADUKKUR POLICE STATION, PATTUKOTTAI, THANJAVUR DISTRICT.

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

+1 CC to M/s.B.JAMEEL ARASU, Advocate ( SR-312[I] dated 07/01/2020 )

ORDER

IN CRL OP(MD) No.19547 of 2019 Date :06/01/2020 IAS ES/VR/SAR 4/08.01.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2