← Library
Madras High CourtCRL OP(MD)/16649/2016ordered

A. Selvi v. The Inspector Of Police

2016-09-06Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.16649 of 2016 1 A. SELVI 2 P. ARUL 3 PALRAJ ... PETITIONERS / ACCUSED No.2 to 4 Vs State rep.by THE INSPECTOR OF POLICE AYYAPURAM POLICE STATION, TIRUNELVELI DISTRICT.

IN CR.NO. 50 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S P.R.PRITHIVIRAJ Advocate For Respondent : Mr.K.V.Rajarajan, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners, who are arrayed as accused, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 294(b), 323, 324 and 506(ii) IPC and Section 4 of TNWH Act, 2002, in Crime No.50 of 2016 on the file of the respondent police.

2.The case of the prosecution is that on 08.08.2016, due to a land dispute between the petitioners and the de facto complainant, the petitioners abused and attacked the de facto complainant. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

4.Learned Government Advocate (Crl. Side) submits that investigation is pending.

5.On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate, Sankarankovil, Tirunelveli District, within 15 days from the date of receipt of copy of the order, (i) petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; (ii) petitioners shall not directly or indirectly make any https://hcservices.ecourts.gov.in/hcservices/

inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii) the petitioners 2 and 3 shall report before the respondent police daily at 10.30 a.m. for two weeks and thereafter, as and when required. The 1st petitioner shall report before the respondent Police as and when required.

sd/- 06/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL, TIRUNELVELI DISTRICT 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE AYYAPURAM POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S P.R.PRITHIVIRAJ Advocate SR.No.50206 sm:GSV-PM:SAR III:12/09/2016:2P/6C

ORDER

IN CRL OP(MD) No.16649 of 2016 Date :06/09/2016 https://hcservices.ecourts.gov.in/hcservices/