Sebastin Salvina v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/06/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.9745 of 2022 1.Sebastin Salvina 2.Agnes Nirmala ... Petitioners/Accused Nos.1 & 3 Vs State rep.by The Inspector of Police, Uvari Police Station, Tirunelveli District.

(In Crime No.156 of 2021) ... Respondent/Complainant For Petitioners : Mr.V.Sasikumar, Advocate.

For Respondent : Mr.P.Kottaichamy Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.156 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 and 3 apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 147, 294(b), 323 and 379 IPC in Crime No.156 of 2021, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to family dispute between both the parties, the petitioners along with the first petitioner's brother attacked the de-facto complainant's son and also taken away the gold chain worn by him and thereby, the complainant's son sustained injuries. Hence, the case has been registered against the petitioners.

3.The learned counsel for the petitioners submits that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (criminal side) appearing for the respondent submits that that the injured has sustained only simple injury and that the property is not yet recovered. 5.Considering the nature of the allegation levelled against the petitioners and considering the fact that the injured has sustained only simple injury, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Radhapuram, and on their executing 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 learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 am., for a period of one month and thereafter, as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously. 7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

Sd/- 02/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI/LM 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, RADHAPURAM.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, UVARI POLICE STATION, TIRUNELVELIL DISTRICT.

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

+1. CC to M/S.SASIKUMAR V Advocate SR.No.5175

ORDER

IN CRL OP(MD) No.9745 of 2022 Date :02/06/2022 SP/JM/SAR II/06/06/2022/3P/6C