Selvendran v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/10/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY K.Selvendran, ... Petitioner/Accused 1 Vs The State of Tamil Nadu, Rep By, The Inspector of Police, Kadupatti Police Station, Kadupatty, Madurai District.
Cr.No.17/2021.
... Respondent/Complainant For Petitioner : Mr.M.Karunanithi, Advocate.
For Respondent : Mr.R.M.Anbunithi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.17 of 2021 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 1/4
police for the offences punishable under Sections 294(b), 406, 420 and 506(ii) of IPC in Crime No.17 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that A1 transferred the titled of the land in his name by creating a false document. On 28.12.2020, at about 10.00 hrs, while the defacto complainant and his son were doing agricultural work, the petitioners came there, abused them in filthy language and threatened them with sickle. 3.Heard. Perused the materials available on record including the First Information Report.
4.Considering the nature of allegations between the brothers and that it is a dispute arising out of civil dispute between the parties, I am inclined to enlarge the petitioner on anticipatory bail, with certain conditions: 5.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, Vadipatti, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: 2/4
[a] the petitioner and the sureties shall affix their photographs and Left Thumb 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 petitioner shall report before the respondent Police, daily at 10.30 a.m., for a period of three weeks and thereafter, as and when required for interrogation. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[d] the petitioner 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 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.
sd/- 28/10/2024 / TRUE COPY / /11/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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SJI TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE, KADUPATTI POLICE STATION, KADUPATTY, MADURAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.M.KARUNANITHI, Advocate ( SR-13339[I] dated 29/10/2024 ) ORDER IN CRL OP(MD) No.18521 of 2024 Date :28/10/2024 SA/SAR. /11.11.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4