Panneer Selvam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirtieth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI 1 PANNEER SELVAM 2 PERIYAPANDI 3 PALANIVEL 4 SANKAR 5 SEKAR 6 PICHAIMUTHU 7 SELVAKUMAR ... PETITIONERS / ACCUSED Nos.1 TO 7 Vs THE SUB INSPECTOR OF POLICE MANAMELKUDI POLICE STATION, MANAMELKUDI TALUK, PUDUKKOTTAI DISTRICT.
CR.NO.14/2024 ... RESPONDENT / COMPLAINANT For Petitioner : M/s.A.ARUL JENIFER, Advocate for M/S.KBS LAW OFFICE For Respondent : Mr.S.MANIKANDAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. 1/5
PRAYER:
FOR ANTICIPATORY BAIL IN CR.NO.14/2024 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent Police for the alleged offence under Sections 147, 294(b), 323 and 506(i) IPC, in Crime No.14 of 2024, seek anticipatory bail.
2.The case of the prosecution is that on 15.01.2024 when the defacto complainant along with others went to his deity temple, the petitioners intercepted and threatened them not to perform pooja. Subsequently, there was a wordy quarrel between the petitioners and the defacto complainant. At that time, the second accused attacked the defacto complainant over his head and the other accused also attacked the defacto complainant. Hence, the complaint.
3. The learned counsel appearing for the petitioners would submit that that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Further, the injured is discharged from the hospital and it is a case and counter case and the counter case has been registered in Crime No.15 of 2024 against the defacto complainant. So, he prays for granting anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) would submit that injured is 2/5
discharged from the hospital and it is a case and counter case. Hence, he has no objection to grant anticipatory bail to the petitioners.
5. Considering the facts and circumstances of the case and also considering the fact that injured is discharged from the hospital and it is the case and counter case, I am inclined to grant anticipatory bail to the petitioners.
6. Accordingly, the petitioners are granted anticipatory bail and they are is 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, Aranthangi, 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 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)if the petitioners failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;
(b)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;
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(c)the petitioners shall report before the respondent Police daily at 10.30 p.m., for a period of two weeks and thereafter, he shall report before the respondent Police as and when required;
(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioners shall not abscond either during investigation or trial; (f)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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 30/01/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU 4/5
TO 1 THE JUDICIAL MAGISTRATE, ARANTHANGI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3 THE SUB INSPECTOR OF POLICE MANAMELKUDI POLICE STATION, MANAMELKUDI TALUK, PUDUKKOTTAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+ 1 CC TO Mr.KBS LAW OFFICE, IN SR No. 2638(F) DATED 31/01/2024
ORDER
IN Date :30/01/2024 SS/GS/SAR- /02/02/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5