Selvam v. The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Seventh day of August Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.15525 of 2021 1 SELVAM [ PETITIONERS / ACCUSED ] 2 ANBALAGAN 3 SATISH KUMAR Vs THE INSPECTOR OF POLICE, [ RESPONDENT ] VANIYAMBADI TALUK POLICE STATION, TAMIL NADU - 635 751.
CRIME NO.393/2021.
For Petitioner : M/S.J.JANARTHANAN Advocate For Respondent : MR. A.GOPINATH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest for the alleged offence punishable under Sections 147, 148, 294(b), 323, 324, 448, 307, 506(ii) of IPC in Crime No.393 of 2021 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that there was a wordy quarrel between the defacto complainant and his father-in-law regarding family dispute. In this connection, his father-in-law along with petitioners/accused and others have assaulted the defacto complainant with an iron pipe in his leg which caused him grievous injuries. Hence, the complaint.
3.The learned counsel appearing for the petitioners submits that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submits that the co-accused/A1 and A5 were released on bail by the District Sessions Judge, Vellore in Crl.MP.No.2976 of 2021 dated 17.08.2021. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) submits that the injured has been discharged from the hospital. 5.Considering the fact that the injured has discharged , this court is inclined to grant anticipatory bail to these petitioners. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Vaniyambadi on condition that each of the petitioners shall execute a separate bonds 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b) the petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation.
(c) the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d) the petitioners shall not abscond either during investigation or trial;
(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 27/08/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE JUDICIAL MAGISTRATE, VANIYAMBADI.
2 THE CHIEF JUDICIAL MAGISTRATE, VELLORE DISTRICT (FOR INFORMATION).
3 THE PUBLIC PROSECUTOR, HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, VANIYAMBADI TALUK POLICE STATION, TAMIL NADU - 635 751.
+2 CC to M/S.B.KALAIARASAN, Advocate on payment of necessary charges 9236 CRL OP.15525/2021 Date :27/08/2021 INBA 13/09/2021