Selvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/10/2020 PRESENT The Hon'ble Mr.Justice ABDUL QUDDHOSE

1. Selvam

2. Pandi

3. Vellaiyan

4. Arun @ Arunkumar, (Wrongly Mentioned as Arun in FIR Instead of Arunkumar)

5. Karthik ... Petitioners/Accused No.1to5 Vs The State rep. by The Inspector of Police, Poovanthi Police Station, Sivagangai District.

(In Crime No. 238 of 2020) ... Respondent/Complainant For Petitioners: Mr.R.Karunanidhi, Advocate.

For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 238 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/A1 to A5, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, and 506(i) of IPC in crime No.238 of 2020, on the file of the respondent police, seek anticipatory bail. 2.Heard both sides.

3.The case of the prosecution is that due to family dispute, the petitioners abused the defacto complainant in filthy language and threatened with dire consequences.

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4.The learned counsel for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them and hence, he prayed for anticipatory bail to the petitioners. 5.The learned Government Advocate(Criminal Side) would submit that no one sustained injury in the said occurrence. 6.Taking into consideration the facts and circumstances of the case and also taking note of the fact that no one sustained injury in the said occurrence, 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 fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.

2, Sivagangai, on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the petitioners shall report before the respondent police as and 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;

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

sd/- 22/10/2020 / TRUE COPY / / /2020 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 JUDICIAL MAGISTRATE NO.II, SIVAGANGAI.

2. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE INSPECTOR OF POLICE, POOVANTHI POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12117 of 2020 Date :22/10/2020 RMK SRS/VR/SAR-IV/29.10.2020/ 3P/5C 3/3