Selvaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/06/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.9868 of 2022

1. Selvaraj ... 1st Petitioner/Accused No.1

2. Velladurai @ Venkateswaran ... 2nd Petitioner/Accused No.2

3. Thirumalai Samy ... 3rd Petitioner/Accused No.3 Vs State rep.by The Inspector of Police, Oddanchathiram Police Station, Dindigul District.

(Crime No. 244 of 2022).

... Respondent/Complainant For Petitioners : M/s.Vivek Bharathi M, Advocate. For Respondent : M.Muthumanikkam, Counsel for Government of Tamilnadu (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.244 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 323, 327 448 and 506(ii) of I.P.C, in Crime No.244 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that due to the civil dispute between the petitioners and the defacto complainant, the petitioners abused and assaulted the husband of the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that there is civil dispute between the parties and the injured person in this case has been discharged from the hospital.

5. Considering the nature of offence, the overt act attributed against the petitioners, the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Ottanchathiram, on condition that the petitioners 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 learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of thirty days and thereafter, as and when required for interrogation. The petitioners shall comply with the condition 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 stands dismissed.

Sd/- 01/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

TM 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, OTTANCHATHIRAM.

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

3. THE INSPECTOR OF POLICE, ODDANCHATHIRAM POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to M/S.VIVEK BHARATHI M Advocate SR.No.5135

ORDER

IN CRL OP(MD) No.9868 of 2022 Date :01/06/2022 SP/PN/SAR IV/02/06/2022/3P/6C