Selvam @ Selvapandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10.05.2023 PRESENT The Hon`ble Mrs.Justice R.KALAIMATHI Selvam @ Selvapandian ... Petitioner / Accused No.3 Vs The State represented by The Inspector of Police, Kadamalaikundu Police Station, Theni District.

(Crime No.160 of 2023) ... Respondent / Complainant For Petitioner : Mr.G.Kannan, 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.160 of 2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/accused No.3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 323, 324, 342 and 506(2) IPC and Section 4 of TNPHW Act, in Crime No.160 of 2023, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the first accused had illegal affair with the defacto complainant's sister and he had demanded money from her and when the same was refused, the petitioner and the other accused had attacked the defacto complainant by using wooden log. Hence, the complaint.

3. Heard both sides and perused the materials available on record including the First Information Report. It is reported that the petitioner is having six previous cases, in which, one case was already disposed of.

4. Taking into consideration the facts and circumstances of the case and also the facts that the injured is taking treatment as out 1/3

patient, that the accused 1, 2 and 4 were already granted anticipatory bail by this Court and that the petitioner is not having any previous case for serious offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. 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 Judicial Magistrate, Aundipatti, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate 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 Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner 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 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 Magistrate/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 is 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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 10/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

CSM 2/3

To 1.The Judicial Magistrate, Aundipatti.

2.Do through the Chief Judicial Magistrate, Theni District.

3.The Inspector of Police, Kadamalikundu Police Station, Theni District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1. CC to M/S.KANNAN.G Advocate SR.No.7302(I), dated 11.05.2023

ORDER

IN CRL OP(MD) No.8635 of 2023 Date :10/05/2023 ED/BUC/SAR-4 (12/05/2023) 3P 6C 3/3