Seelan @ Sathiyaseelan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/04/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD). No.5836 of 2021

1. Seelan @ Sathiyaseelan,

2. Saran Alias Saran Patturaj,

3. Rajesh Alias Rajesh Babu,

4. Ponsekar

5. Jaiston ... Petitioners/A1 to A4 & A6 Vs State rep by The Inspector of Police, Sawyerpuram Police Station, Thoothukudi District , Cr No. 80/2021. ... Respondent/Complainant For Petitioner : M/s.Manickam.A.K., Advocate.

For Respondent : Mr.M.Ganesan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.80 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/A1 to A4 and A6, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 427 and 506(ii) of IPC in Crime No.80 of 2021, seek anticipatory bail.

2.The case of the prosecution is that due to previous enmity between the petitioners and the de-facto complainant, on 11.04.2021, at about 10.00 a.m., when the de-facto complainant was proceeding for playing Volly Ball, the petitioners herein scolded him with filthy language and A1 to A3 have attacked the de-facto complainant with stick on the right hand and A4 to A6 have slapped on his right cheek and also snatched his mobile phone. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them.

4.The learned Government Advocate(Crl.Side) would strongly oppose this petition on the ground that the first petitioner is having four previous cases and the petitioners 2 and 4 are having two previous cases. He would further submit that the injured has been discharged from the hospital.

5.Taking into consideration the facts and circumstances of the case and also taking note of the fact that the injured got discharged from the hospital and also the fact that there is no overt act attributed against the petitioners 3 and 5, this Court is inclined to grant anticipatory bail to the petitioners 3 and 5 with certain conditions.

6.In so far as the petitioners 1, 2 and 4 are concerned, they are having previous cases, this Court is not inclined to grant anticipatory bail to the petitioners 1, 2 and 4. Hence, this petition is dismissed as against the petitioners 1, 2 and 4. 7.Accordingly, the petitioners 3 and 5 are ordered to be released on bail in the event of arrest or 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.I, Thoothukudi, on condition that the petitioners 3 and 5 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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:

(a)the petitioners 3 and 5 and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioners 3 and 5 shall report before the respondent police daily at 10.30 am., until further orders; (c)the petitioners 3 and 5 shall not tamper with evidence or witness either during investigation or trial; (d)the petitioners 3 and 5 shall not abscond either during investigation or trial;

(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners 3 and 5 in accordance with law as if the conditions have been imposed and the petitioners 3 and 5 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 23.04.2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE NO.I, THOOTHUKUDI.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3. THE INSPECTOR OF POLICE, SAWYERPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1 CC to M/s.A.K.MANICKAM, Advocate ( SR-3390[I] dated 26/04/2021 )

ORDER

IN CRL OP(MD) No.5836 of 2021 Date : 23/04/2021 VB VR SAR IV(05/05/2021) 3P / 6C