Selvam @ Thavam Ellam. v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/08/2023 PRESENT The Hon`ble Mr.Justice P.DHANABAL Selvam @ Thavaselvam ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Sivagangai Taluk Police Station, Sivagangai District.

(Crime No.179 of 2023).

... Respondent/Complainant For Petitioner :

M/s.Mahendrapathi, Advocate for MR.Kumaraguru.V.S, Advocate.

For Respondent :

Mr.B.Nambiselvan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.179 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 148, 294(b), 323, 324 and 506(ii), 379 of IPC in Crime No.179 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that due to wordy quarrel the petitioner herein along with other accused abused the defacto complainant, assaulted him and also threatened with dire consequences and they have also taken a sum of Rs.40,000/- 1/4

from the trouser of the defacto complainant, hence the case. 3.The learned counsel for the petitioner would contend that the petitioner is innocent and due to previous enmity a false case has been foisted against him. He would further submit that injured has been discharged from the hospital, hence he seeks anticipatory bail.

4. The learned Additional Public Prosecutor would submit that due to wordy quarrel the petitioner herein along with other accused abused the defacto complainant, assaulted him and also threatened with dire consequences and they have also taken a sum of Rs.40,000/- from the trouser of the defacto complainant. He would further submit that the injured has been discharged from the hospital, however he objected to grant anticipatory bail to the petitioner.

5. Heard both side and perused the materials available on record.

6. Considering the rival submissions on either side and considering the fact that the injured sustained only simple injuries and also considering the fact that except 506(ii)and 379 of IPC all other offences are bailable in nature, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following conditions: 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.II, Sivagangai 2/4

on condition that the 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: [a] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of thirty days and thereafter as and when required for interrogation. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial. [d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 31/08/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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AAV TO 1 THE JUDICIAL MAGISTRATE NO.II, SIVAGANGAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, SIVAGANGAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

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

+1 CC to M/s.V.S.KUMARAGURU, Advocate ( SR-13020[I] dated 31/08/2023 )

ORDER

IN CRL OP(MD) No.15802 of 2023 Date :31/08/2023 RS/VRS/SAR-(08.09.2023) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4