Selvam @ Thi Selvam @ Subramani v. The Sub Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.06.2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.10575 of 2022 Selvam @ Thi Selvam @ Subramani ... Petitioner/Accused No.1 Vs State represented by The Sub-Inspector of Police, Somarasampet Police Station, Trichy District.
(Crime No.165 of 2022) ... Respondent/Complainant For Petitioner : Mr.N.Anandakumar, Advocate.
For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl. Side).
PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.165 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/A.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 324 and 506(2) IPC r/w Section 4 of TNPWH Act, in Crime No.165 of 2022, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that there existed civil dispute between the parties, due to that, on 11.05.2022, the petitioner along with other accused abused the defacto complainant in filthy language and attacked him and his daughter by using wooden log. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the accused 2 and 3 were already released on bail.
4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the injured was already discharged from the hospital. He would further submit that the petitioner is having 11 previous cases under TNP Act, TNG Act and other IPC offences.
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5.Considering the facts that there existed civil dispute between the parties, that the injured was already discharged from the hospital, that except the offences under Sections 506(2) IPC and 4 of TNPWH Act, all other offences are bailable in nature and that the accused 2 and 3 were already released on bail, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Additional Mahila Court, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Sessions Judge concerned and on further conditions that:
[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Sessions Judge may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.
[b]the petitioner shall report before the Inspector of Police, Jeeyapuram police station, daily at 10.30 a.m., until further orders.
[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.
[d]the petitioner shall not abscond either during investigation or trial.
[e]On breach of any of the aforesaid conditions, the learned Sessions Judge/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Sessions Judge/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 15/06/2022 / TRUE COPY / / /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 JUDGE ,ADDITIONAL MAHILA COURT, TRICHY.
2. THE SUB-INSPECTOR OF POLICE, SOMARASAMPET POLICE STATION, TRICHY DISTRICT.
3. THE INSPECTOR OF POLICE, JEEYAPURAM POLICE STATION, TRICHY DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.N.ANANDAKUMAR, Advocate SR.No.5608, Dated 16/06/2022
ORDER
IN Date :15/06/2022 RK/SVR/SAR-III/20.06.2022 : 3P/6C 3/3