Selvi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/03/2020 PRESENT The Hon'ble MR.Justice RMT.TEEKAA RAMAN
1. Selvi
2. Janatha ... Petitioners/Accused Rank not known Vs The State rep. by The Inspector of Police, Melur Police Station, Madurai District.
(Crime No.not known of 2020) ... Respondent/Complainant For Petitioners: Mr.S.J.Chakkaravarthy, Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side).
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.unknown of 2020 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offence punishable under sections 294(b), 323, 447, 506(ii) of I.P.C., in Crime No.unknown of 2020, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioners have attacked the de-facto complainant and abused him with filthy language and also criminally intimidated him. The petitioners and 1/3
the de-facto complainant are close relatives. The petitioners and the de-facto complainant are having civil dispute regarding the property. Now the de-facto complainant purposely gave false complaint against the petitioners as if they have attacked the defacto complainant. No such occurrence was happened and the petitioners are falsely implicated in this case. 3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.
4.The learned Government Advocate (Crl.side) appearing for the respondent would submit that a case has been registered in Crime number 147 of 2020 on the file of the respondent Police Station, for the alleged offence under Sections 147, 148, 427, 294(b), 323 and 506(ii) of IPC, alleging that these accused have formed unlawful assembly and threatened the de-facto complainant and also destroyed the shed and caused damage.
5.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not involved in this case and the respondent police is searching for the petitioners. 6.Taking note of the facts and circumstances, this Court is 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 before the learned Judicial Magistrate, Melur, Madurai District and on his executing a 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 learned Magistrate concerned and on further condition, the petitioner is directed to pay Rs.500/- (Five Hundred only) each before the Judicial Magistrate to the credit of the said crime number. The Petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.
7.The petitioners shall appear before the concerned Magistrate on or before 27.04.2020, failing which, the petition for anticipatory bail shall stand dismissed. In view of the medical alert announced by the State Government, I am inclined to grant time for furnishing sureties as stated above.
sd/- 23/03/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO
1. THE JUDICIAL MAGISTRATE, MELUR, MADURAI DISTRICT.
2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3. THE INSPECTOR OF POLICE, MELUR POLICE STATION, MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.J.CHAKKARAVARTHY, Advocate (SR-5637[I] dated 23/03/2020)
ORDER
IN CRL OP(MD) No.5075 of 2020 Date :23/03/2020 PKN TE/JC/SAR-III : 24/03/2020 : 3P/6C 3/3