S.Surya @ Selvarasu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN

1. S.Surya @ Selvarasu

2. S. Palani @ Palaniyappan

3. Mayi @ Tamilselvan ... Petitioners/Accused's No-1,2 & 4 Vs The State rep.by its The Inspector of Police, K.Pudupatti Police Station, Pudukkottai District.

(Crime No.254 of 2020).

... Respondent/Complainant For Petitioners : M/s.K.Nagendra Prasad, 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. 254 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners who are arrayed as accused Nos.1, 2 & 4 apprehending arrest at the hands of the respondent police for the offences punishable under sections 341, 294(b), 323, 324, 307 & 506(ii) of IPC, in Crime No. 254 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the defacto complainant is a driver of the mini lorry and on the date of occurrence the petitioners said to have standing in the middle of the road and hence, the defacto complainant has sound horn, due to which a wordy quarrel was arose between them. Thereafter, on the same day at evening, while the defacto complainant returned back to his home the petitioners herein waylaid him and have abused using filthy language and also attacked him with knife on head and also made life threat to him. Hence, the complaint.

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3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent.

4.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. Hence, he seek anticipatory bail. 5.The learned Government Advocate (Crl. Side), on instructions, submitted that the injured person has already been discharged from the hospital.

6.Considering the fact and circumstances of the case as and the occurrence taken place in a wordy quarrel, also considering the fact that the injured person has already been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thirumayam, on condition that the petitioners 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: (a)the petitioners 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 shall report before the respondent police on daily at 10.30 a.m, without fail, until further orders. (c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners 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 in accordance with law as if the conditions have been imposed and the petitioners 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;

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

sd/- 07/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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, THIRUMAYAM.

2. DO THRO'THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3. THE INSPECTOR OF POLICE, K.PUDUPATTI POLICE STATION, PUDUKKOTTAI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.NAGENDRA PRASAD, Advocate ( SR-5923[I] dated 07/08/2020 )

ORDER

IN CRL OP(MD) No.8201 of 2020 Date :07/08/2020 KSA AE/AKM/SAR-II (14.08.2020) 3P 6C 3/3