Selvaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/10/2020 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN

1. SELVARAJ

2. RENGASAMY ... PETITIONERS/ACCUSED 1 & 2 VS STATE REP.BY THE INSPECTOR OF POLICE, NAGUDI POLICE STATION, PUDUKOTTAI DISTRICT.

(CRIME NO.526 OF 2020).

... RESPONDENT/COMPLAINANT For Petitioner : M/s.T.Lenin Kumar, Advocate.

For Respondent : Mr.K.R.Bharathi Kannan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.526 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners who are arrayed as A-1 & A-2 apprehending arrest at the hands of the respondent police for the offences punishable under sections 294(b), 324 and 506(ii) of IPC, in Crime No.526 of 2020 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to civil dispute between the petitioners and the defacto complainant, the petitioners said to have abused the defacto complainant using filthy language and assaulted him with Aruval and caused injuries and also made life threat. Hence, the complaint.

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

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4.The learned counsel appearing for the petitioners submitted that this is a case in counter. He further 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 this is a case in counter and the petitioners have also lodged a complaint against the defacto complainant and the same has been registered in Crime No.525 of 2020 by the respondent police. He further submitted that the injured person has already been discharged from the hospital.

6.Considering the fact and circumstances of the case and considering the fact that this is case in counter and civil dispute is pending between the parties and 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, Aranthangi, on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the petitioners shall report before the respondent police daily morning at 10.30 a.m., without fail, for a period of Two Weeks and thereafter as on 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;

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

sd/- 05/10/2020 / 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, ARANTHANGI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI.

3 THE INSPECTOR OF POLICE, NAGUDI POLICE STATION, PUDUKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10492 of 2020 Date :05/10/2020 ksa JM/VR/SAR IV/08.10.2020/3P/5C 3/3