Selva Shatlin @ Shatlin v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/10/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM

1. Selva Shatlin @ Shatlin,

2. Anthonysamy,

3. Thinakar @ Dinagaran ... Petitioner/1,2,4 Accused Vs State Rep.by The Inspector of Police, Panagudi Police Station, Tirunelveli District.

(Crime No.541/2023).

... Respondent/Complainant For Petitioners :

M/s.T.Selvan, Advocate.

For Respondent :

Mrs.M.Aasha, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.541/2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A1,2 and 4, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC in Crime No.541 of 2023 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners along with other accused have illegally transported ten units of sand. Hence, the case. 1/4

3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them. Therefore, he prayed for anticipatory bail to the petitioners. 4.The Government Advocate(Crl.Side) appearing for the respondent would submit that petitioners along with other accused have illegally transported ten units of sand, hence he strongly objected to grant anticipatory bail to the petitioner. However he fairly concedes that no previous case is pending against the petitioners. 5.Considering the facts and circumstances of the case and also the fact that no previous case is pending against the petitioners, this court is inclined to grant anticipatory bail to the petitioners with certain conditions: 6.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Valliyoor, Tirunelveli District on condition that the petitioners shall execute a bond for a sum of Rs.

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 appear before the trial Court on summons [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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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

AAV 3/4

TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, PANAGUDI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.18027 of 2023 Date :10/10/2023 RS/JGB/SAR-(16.10.2023) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4