S.Selvam @ Selvan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.S.Selvam @ Selvan 2.C.Shanmugasundaram 3.S.Muthukumar ... Petitioners / Accused Nos.1, 4 and 5 Vs The State represented by The Inspector of Police, Manur Police Station, Tirunelveli District.

(Crime No.340 of 2023.) ... Respondent / Complainant For Petitioners : M/s.P.Rajesh, Advocate For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.340 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent 1/4

police for the alleged offence punishable under Sections 147, 294(b), 323 and 506(ii) of IPC in Crime No.340 of 2023, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that on the date of occurrence i.e., on 23.07.2023, the petitioners were consuming alcohol in the pathway of the defacto complainant's house and the same was questioned by the defacto complainant, the petitioners abused the defacto complainant in filthy words, assaulted him, and criminally intimidated them. Hence the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent, they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. They seek for the relief of anticipatory bail.

4. The learned Additional Public Prosecutor would submit that no previous case is pending against the petitioners.

5. Considering the facts and circumstances of this case and also the fact that the petitioners are not having any previous cases, this Court is inclined to grant relief to the petitioners.

6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.V, Tirunelveli, on condition that the 2/4

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 condition that the petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 02/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PNN To 1.The Judicial Magistrate No.V, Tirunelveli.

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

3.The Inspector of Police, Manur Police Station, Tirunelveli District.

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

ORDER

IN CRL OP(MD) No.14114 of 2023 Date :02/08/2023 ED/MMS/SAR- I (14/08/2023) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4