Selvakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/10/2023 PRESENT The Hon`ble Mr.Justice V.SIVAGNANAM Selvakumar, ... Petitioner/Accused 1 Vs The Inspector of Police, Kottar Police Station, Kottar, Kanyakumari District.

Crime No. 252 of 2023.

... Respondent/Complainant For Petitioner : M/s PALANI VELAYUTHAM.S, Advocate.

For Respondent : Mr.RMS.SETHURAMAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 252 of 2023 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 307,506(ii) of IPC and Section 4 of TNPHW Act in Crime No.252 of 2023 on the file of the respondent police, seek anticipatory bail.

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2.The case of the prosecution is that due to dispute between the petitioner and her husband and the car of the petitioner dashed in the back of the car of the defacto complainant in which the husband of the defacto complainant sustained injuries, hence the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and a false case has been foisted against him. He would further submit that on the alleged date of occurrence he has not driven the car,hence he seeks anticipatory to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that on the alleged date of occurrence the petitioner has not driven the car.

5. On perusal of the FIR, it is noticed that on the alleged date of occurrence the petitioner has not driven the car and some other accused has driven the car and the injured also sustained only simple injuries.

6.Taking into consideration the principles stated by the Honourable Supreme Court in Gurubaksh Singh Sibbia Etc., vs. State of Punjab reported in 1980 AIR 1632 and Lal Kamlendra Pratap Singh vs. State of Uttar Pradesh and others reported in (2009)4 SCC 437 and Joginder Kumar vs. State of U.P. and others reported in (1994) 4 SCC 260 and taking into consideration the origine of crime, it is seen that the offence alleged as against the petitioner is not a case of heinous crime. Further the 2/5

petitioner is having permanent residents at Tirunelvelli District. Hence the principles stated in Hussainara Khatoon & Ors vs. Home Secretary, State Of Bihar reported in AIR 1979 SC 1360 is taken into consideration. In that case, the Hon'ble Supreme Court has cautioned that pre-trial detention is not be encouraged nor is to be encourageable pre-trial release on sureties; that if the Court is satisfied after taking into consideration that the accused has his roots in the community and is not likely to abscond, he can safely be released on his personal bond. 7.In view of the above, this Court is inclined to grant anticipatory bail to the petitioner.

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, Nagercoil on condition that the petitioner shall execute a own bond for a sum of Rs.

[a] the petitioner shall report before the trial Court as and when required for the purpose of interrogation.

[b] the petitioner shall not tamper with evidence or witness either during 3/5

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/- 13/10/2023 / TRUE COPY / /10/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE JUDICIAL MAGISTRATE NO.II, NAGERCOIL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, KOTTAR POLICE STATION, KOTTAR, KANYAKUMARI DISTRICT.

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

+1 CC to M/s.S.PALANI VELAYUTHAM, Advocate ( SR-15198[I] dated 16/10/2023 )

ORDER

IN CRL OP(MD) No.16660 of 2023 Date :13/10/2023 SA/JGB/SAR. /17.10.2023/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5