Velusamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/05/2022 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI

1. Velusamy

2. Selvaraj

3. Arulselvan

4. Kamalakannan

5. Pandi @ Pandiyan ... Petitioners/Accused 1 TO 5 Vs The State rep.by, The Inspector of Police, Palani Town Police Station, Dindigul District.

(Crime No.213/2022) ... Respondent/Complainant For Petitioner : Mr.D.Venkatesh, Advocate.

For Respondent : Mr.K.Sanjay Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.213/2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A1 to A5, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 147, 341, 294(b), 427 and 506(ii) of IPC in Cr.No.213 of 2022, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to land dispute between the parties, the petitioners trespassed into the de-facto complainant's land and damaged his fence. When the same was questioned by the de-facto complainant, the petitioners abused him in filthy language and also threatened him with dire consequences. Hence, the law enforcing agency registered a case against the petitioners.

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3.The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and they are innocents.

4.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that no one was injured in this case and no previous case is pending against the petitioners. 5.Considering the facts and circumstances of the case and also considering the facts that no one was injured in this case and no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Palani, on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation; (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;

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

sd/- 11/05/2022 / TRUE COPY / 12/05/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, PALANI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT.

3 THE INSPECTOR OF POLICE PALANI TOWN POLICE STATION, DINDIGUL DISTRICT.

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

ORDER

IN CRL OP(MD) No.8959 of 2022 Date :11/05/2022 SJI MK/PN/SAR.II/12.05.2022/3P/5C 3/3