Selvaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of January Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.768 of 2015 1 SELVARAJ 2 AMMAIYAKKAL ... PETITIONERS/ACCUSED NO.1 & 2 Vs THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, MADURAI DISTRICT. CR. NO.28/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.KANDHAVADIVELAN Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, 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 alleged offence punishable under Sections 294 (b), 506(i) IPC and under Section 4 of Tamilnadu Prohibition of Women Harassment Act in Crime No.28 of 2015 on the file of the respondent police, seek anticipatory bail.

2. The learned counsel for the petitioners submitted that a false complaint was lodged by the defacto complainant.

3. It is represented by the learned Government Advocate (Crl.Side) that there was wordy quarrel between the petitioners and the defacto complainant.

4. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. 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 No.VI, Madurai, on condition that the petitioners shall execute a separate 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 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 first petitioner shall report report before respondent police daily at 10:30 a.m for a period of two weeks and thereafter as and when required for interrogation and the second petitioner shall appear before the respondent police as and when required.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

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[c] the petitioners shall not abscond either during investigation or trial.

[d] 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 petitioner 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].

sd/- 20/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, MADURAI DISTRICT.

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

+1. CC to M/S.G.KANDHAVADIVELAN Advocate SR.No.2933 SR : 23.01.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.768 of 2015 Date :20/01/2015 https://hcservices.ecourts.gov.in/hcservices/