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Madras High CourtCRL OP(MD)/16041/2020ordered

Selvam v. The Inspector Of Police

2020-12-30Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/12/2020 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN CRL OP(MD) No.16041 of 2020

1. Selvam

2. Pappa

3. Ambika ... Petitioners/ Accused rank not known Vs The State rep. by The Inspector of Police, Velayuthapattinam Police Station, Sivagangai District Crime No. 91/2020. ... Respondent/Complainant For Petitioners: M/s.Balakarthick.S, Advocate. For Respondent : Mr.R.Erottuchamy, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 91/2020 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 294(b), 323 and 506(i)IPC and Section 4 of Women Harassment Act, seek anticipatory bail.

2. Heard both sides.

3.The case of the prosecution is that due to previous enmity the petitioners herein along with other accused said to have abused the defacto complainant, assaulted her and also threatened her with dire consequences.

4. The learned counsel for the petitioners would submit that the petitioners are innocent persons and a false case has been foisted against them. He would also submit that it is a case in counter and the injured was discharged from the hospital . 1/3

5.The learned Government Advocate(Criminal Side) would submit that the injured person was also discharged from the hospital. 6.Taking into consideration the facts and circumstances of the case and also taking note of the fact that it is a case in counter and the injured was 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 fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Devakottai, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition 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 a.m., 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 absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 30/12/2020 / TRUE COPY / / /2021 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, DEVAKOTTAI.

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

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

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

ORDER

IN CRL OP(MD) No.16041 of 2020 Date :30/12/2020 LS SRS/PN/SAR-IV/04.01.2021/3P/5C 3/3