K.Selvam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17068 of 2017 K.SELVAM ... PETITIONER / ACCUSED Rank Not Known Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE PERAVURANI POLICE STATION, PERAVURANI TALUK, THANJAVUR DISTRICT ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.KAMESWARAN Advocate For Respondent : Mr.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 294(b), 324 and 506(ii) I.P.C., in Crime No.276 of 2017, on the file of the respondent Police, seeks anticipatory bail. 2.
The case of the prosecution is that due to civil dispute, the petitioner assaulted the defacto complainant, thereby, the defacto complainant causing grevious hurt and criminal intimidating with dire consequences. Hence the defacto complainant lodged a complaint against the petitioner herein before the respondent police. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case.
4.The learned Government Advocate (Crl.side) appearing for the State, on instructions, would submit that due to the civil dispute, the petitioner attacked the defacto complainant and sustained injuries. He further submitted that the injured discharged from the hospital.
5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt https://hcservices.ecourts.gov.in/hcservices/
of a copy of this order, before the learned Judicial Magistrate, Pattukkottai on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each with two sureties each 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 shall report before the respondent police as and when required for interrogation.
(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer; (iv) the petitioner shall not abscond either during investigation or trial.
(iv) the petitioner shall not commit any offence while on bail;
(v) 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/- 12/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, PATTUKKOTTAI, THANJORE DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM 3 THE INSPECTOR OF POLICE PERAVURANI POLICE STATION, PERAVURANI TALUK, THANJAVUR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.S.KAMESWARAN Advocate SR.No.36031 JAM/19.12.17/PM-PN/ SAR 3/ 2P-6C
ORDER
IN CRL OP(MD) No.17068 of 2017 Date :12/12/2017 https://hcservices.ecourts.gov.in/hcservices/