Elavarasan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN
1. Elavarasan,
2. S.Vetri Selvi,
3. M. Santhana Kumar @ Santhana Karuppu
4. M.Ammu @ Santhanam,
5. M Anitha,
6. A Vijayalakshmi, ... Petitioners/Accused No.1 to 6 Vs The Inspector of Police, Sholavandan Police Station Madurai District.
Crime No.140 of 2024.
... Respondent/Complainant For Petitioners : M/s.Sivakumar.S, Advocate.
For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) 1/5
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 140/2024 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioners / accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 354 and 506(ii) IPC and 506(2) IPC in Crime No.140 of 2024, seek anticipatory bail. 2.The case of the prosecution is that due to previous motive, the petitioners herein have attacked the defacto complainant and also abused him in filthy language. Hence the complaint.
3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case. 4.The learned Government Advocate(Crl.Side) would submit that totally 6 2/5
accused involved in this case and the injured was discharged from the hospital and A1 is having one previous case and the other petitioners are not having any previous case. He would further submit that investigation of the case is pending and hence, he strongly opposed to grant bail to the petitioners. 5.Considering the facts and circumstances of the case and also considering the fact that the injured was already discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.
Accordingly, the petitioners are ordered to be released on bail in the event of their 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, Vadipatti on condition that the petitioners shall execute a bond for a sum of Rs.
(b)the petitioners shall report before the respondent police daily at 5.00 pm for a period of two weeks and thereafter, 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 abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 11/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (CS-I/ II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO
1. THE JUDICIAL MAGISTRATE, VADIPATTI 4/5
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3.THE INSPECTOR OF POLICE, SHOLAVANDAN POLICE STATION MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.SIVAKUMAR, Advocate ( SR-7765[I] dated 11/07/2024 )
ORDER
IN CRL OP(MD) No.10269 of 2024 Date :11/07/2024 RK/GS (22/07/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5