Selvam, S/O.Chellaiah, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Eighth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.1213 of 2019 1 SELVAM 2 SANTHOSH KUMAR ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE, BOOTHAPANDY POLICE STATION, BOOTHAPANDY, KANYAKUMARI DISTRICT.

(CRIME NO.343 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : MR.N.PRAGALATHAN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI 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 at the hands of the respondent police for the offences punishable under Sections 341 and 307 of I.P.C in Crime No.343 of 2018, seek anticipatory bail. 2.The case of the prosecution is that on 10.12.2018 at about 8.30 p.m., when the defacto complainant, who is the brother's daughter of the victim, was riding the vehicle following victim's vehicle, two unknown persons attacked the victim with knife and aruval and caused injuries. Hence the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal Side) would submit that the injured has been discharged from the hospital. 5.Considering the facts and circumstances of the case and also considering the fact that the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

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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 Court, Boothapandy, Kanniyakumari District on condition that the petitioners shall execute 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 said Magistrate, on further condition that: [a] the petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders.

[b] if the petitioners failed to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 28/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE BOOTHAPANDY, KANIYAKUMARI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE, BOOTHAPANDY POLICE STATION, BOOTHAPANDY, KANYAKUMARI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.N.PRAGALATHAN Advocate SR.No.1507 ORDER IN CRL OP(MD) No.1213 of 2019 Date :28/01/2019 TK/VR/SAR-IV/31.01.2019-2P/6C https://hcservices.ecourts.gov.in/hcservices/