K P Selvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/12/2023 PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM

1. K.P.Selvam,

2. M.Nagarathinam, ... Petitioners/Accused No.1&2 Vs The Inspector of Police, Melur Police Station, Madurai District, Crime No.797/2023.

... Respondent/Complainant For Petitioner : A.Vadivel,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.797/2023 on the file of the respondent police ORDER : The Court made the following order :- 1/6

The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323, 506(i) of IPC and Section 4 of TNPWH Act in Crime No.797 of 2023, seek anticipatory bail. 2.The case of the prosecution is that due to path way dispute between the parties, on 29.11.2023, the petitioners said to have abused the defacto complainant in filthy language and also attacked her. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he seeks anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioners are the husband and wife. Due to path way dispute between the parties, the petitioners said to have abused the defacto complainant in filthy language and also attacked her. He would further submit that it is a case and case in counter. Counter case has been registered against the defacto complainant in Crime No.796 of 2023.

5.Considering the nature of allegations levelled as against the petitioners and 2/6

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 origin of crime, it is seen that the offence alleged as against the petitioners is not a case of heinous crime. Further the petitioners are having permanent residence at Madurai 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. 6.In view of the above, this Court is inclined to grant anticipatory bail to the petitioners.

for a sum of Rs.10,000/- (Rupees Ten Thousand only) 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 : [a] the petitioners shall affix his photograph 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 petitioners shall report 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 4/6

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/- 07/12/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO THE JUDICIAL MAGISTRATE MELUR DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT, THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1 CC to M/s.A.VADIVEL, Advocate ( SR-17419[I] dated 07/12/2023 )

ORDER

IN CRL OP(MD) No.22051 of 2023 Date :07/12/2023 PKP/JGB/SAR- /13.12.2023/ 6P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6