Madras High CourtCRL OP(MD)/16171/2017granted

Selvi, v. The Inspector Of Police,

2017-12-04Honourable Mr Justice M.Dhandapani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD)Nos.16171 and 16575 of 2017 1 SELVI 2 SELVAM ... PETITIONERS / Rank Not Known IN CRL OP(MD)No.16171/17 SUDHA ... PETITIONER / ACCUSED No.3 IN CRL OP(MD)No.16575/17 Vs THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

... RESPONDENT / COMPLAINANT (CRIME NO.NOT KNOWN OF 2017) IN CRL OP(MD)No.16171/17 (CRIME No.487/2017 ) IN CRL OP(MD)No.16575/17 For Petitioners : Mr.R.VENKATESAN Advocate IN BOTH THE PETITIONS For Respondent : Mr.K.ANBARASAN, Govt. Advocate ( Crl. Side) IN BOTH THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners in Crl.O.P(MD).No.16171 of 2017, who apprehend arrest at the hands of the respondent Police for the offence punishable under Section 294(b), 323,506(ii) I.P.C., in Crime No.Not known of 2017 on the file of the respondent Police, seek anticipatory bail.

2.The petitioner in Crl.O.P(MD).No.16575 of 2017, who apprehend arrest at the hands of the respondent Police for the offence punishable under Section 294(b), 324,506(ii) I.P.C., in Crime No. 487 of 2017 on the file of the respondent Police, seeks anticipatory bail 3.The case of the prosecution is that the defacto complainant want to grab the petitioner's property, thereby the petitioners attacked the defacto complainant and abused with filthy language. Hence, the defacto complainant has lodged a complaint before the respondent police.

4.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case and they did not commit any offence as alleged by the prosecution.

5.The learned Government Advocate (Criminal side) appearing for the State submitted that there is no previous case is pending against the petitioners and the injured discharged from the hospital.

6.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), I am inclined to grant anticipatory bail to the petitioners with certain conditions. 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, Manamadurai, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each with two common sureties for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioner no.2(Selvam) shall report before the respondent police, daily between 10.00 a.m., and 11.00 a.m., for a period of two weeks and thereafter as and when required for interrogation.

(ii) the petitioner nos.1(Selvi) and 3(Sudha) shall report before the respondent police as and when required for interrogation.

(iii)the petitioners shall make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioners shall not tamper with evidence or witness either during investigation or trial. (v) the petitioners shall not abscond either during investigation or trial;

(vi) the petitioners shall not commit any offence while on bail;

(vii) 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 and the

anticipatory bail granted stands cancelled automatically.

sd/- 04/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI, SIVAGANGAI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI 3 THE INSPECTOR OF POLICE, THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.R.VENKATESAN Advocate SR.No.35493 +1. CC to Mr.R.VENKATESAN Advocate SR.No.35492 JAM/06.12.17/CM-VR/ SAR 4/ 3P-6C

ORDER

IN CRL OP(MD)Nos.16171 and 16575 of 2017 Date :04/12/2017