S.Selvakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN
1. S.Selvakumar
2. S.Thirupal ... Petitioners/Accused No.2 & 3 Vs The Inspector of Police, Courtallam Police Station, Tenkasi District, (Crime No 229 of 2024.) ... Respondent/Complainant For Petitioner :
M/s.S.Raja, Advocate.
For Respondent :
Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.229/2024 on the file of the respondent police 1/5
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 294(b), 323, 324 and 506(ii) IPC @ Sections 294(b), 323, 324, 307 and 506(2) IPC in Crime No.229 of 2024, seek anticipatory bail.
2.The case of the prosecution is that due to previous motive, the petitioners herien have threatened the defacto complainant by showing sword and also attcakced him and caused injureis. 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 Additional Public Prosecutor would submit that the injured discharged from the hospital and the co-accused already released on bail. 5.Considering the facts and circumstances of the case and also considering the fact that the injured was discharged from the hospital and that the co-accused already released on bail, 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 2/5
arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Sengottai on condition that the petitioners shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioners shall report before the respondent police daily at 10.30 am 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; 3/5
(f)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 19/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP To 1.The Judicial Magistrate, Sengottai.
2.Do through the Chief Judicial Magistrate, Tirunelveli District.
3.The Inspector of Police, Courtallam Police Station, Tenkasi District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.S.ILAVARASAN, Advocate ( SR-8146[I] dated 19/07/2024 )
ORDER
IN CRL OP(MD) No.10767 of 2024 Date :19/07/2024 4/5
ED/ JGB /SAR- (30/07/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5