S.Selvaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/12/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN S.Selvaraj ... Petitioner/Accused Rank Not Known Vs State Rep.by The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District.

(Crime No. 221 of 2021). ... Respondent/Complainant For Petitioner : Mr.S.Vikram, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 221 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 392 IPC, in Crime No.221 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that on 17.06.2021 at about 6.15PM, the accused persons had intercepted the defacto complainant and assaulted him on his cheek and pulled him into the thorny bushes and also tried to assault him with bill hook. They snatched a sum of Rs.1,500 from his pocket, cell phone, keys, pass book and also a sum of Rs.4,000/- with challan and flew away from the occurrence spot. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent and not committed any offence as alleged by the prosecution. He would further submit that this Court already granted interim bail to the petitioner, direction was issued to him to appear before the investigation officer and co-operate with the 1/3

investigation process. Even after lapse of several months, one of the co-accused is not yet secured so far, one of the juvenile accused appeared before the Juvenile Justice Board. 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that this petitioner is also involved in Cr.No.392 of 2021, which was registered for the offences under Sections 457, 380 IPC and investigation is not yet completed. 5.Though, the petitioner is having one previous case at his credit, considering the facts that in this case interim bail was already granted by this Court and the investigation is not yet been completed, even after lapse of several months, interim order is extended till the investigation process is over, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate, Paramakudi, Ramanathapuram District and on his executing 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 the petitioner shall appear before the respondent police on the first working day of every month at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 09/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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.

2/3

TO 1.The Judicial Magistrate, Paramakudi.

2.Do Through The Chief Judicial Magistrate, Ramanathapuram District.

3.The Inspector of Police, Paramakudi Taluk Police Station, Ramanathapuram District.

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

ORDER

IN CRL OP(MD) No.16994 of 2021 Date :09/12/2021 RS/PN/SAR3(14.12.2021) 3P-5C 3/3