Selvakumar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

¶1Selvakumar

¶2Ganesan

¶3Sekar

¶4Shanthi

¶5Sathish

¶6Ramesh

¶7Rajeshkannan ... Petitioners/Accused

Vs The State rep.by, The Inspector of Police, Kattuputhur Police Station, Tiruchirapalli District. Crime No.174 of 2023.. ... Respondent For Petitioners : M/s.Vetrivel B, Advocate. For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.174 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 323 and 506(i) of IPC, in Crime No.174 of 2023, on the file of the respondent police, seek anticipatory bail.

¶2The case of the prosecution is that due to property dispute, the accused persons trespassed in to the defacto complainant's house, abused him in filthy language, also attacked him by using bricks and caused injuries to him. Hence, the complaint.

¶3The learned counsel for the petitioners submits that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. He further submitted that due to previous enmity, the present complaint has been given by the defacto complainant.

¶4The learned Government Advocate(Crl.Side) appearing for the respondent submits that no previous case is pending against the petitioners and also submitted that the injured has been discharged from the hospital. He further submitted that it is a case in counter case.

¶5Considering the facts and the circumstances of this case and also of the fact that it is a case in counter and the injured has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioners, however, with stringent conditions.

¶6Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Thottiyam, and on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only)each, with two sureties, each for a like sum to the satisfaction of the learned Magistrate concerned; and the petitioners 1 to 6 shall appear before the respondent police on every Saturday at 10.30 am until further orders. Since the 7th petitioner is working in Salem as doctor, he shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

¶7The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/-

10/08/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. TTA TO

1.THE JUDICIAL MAGISTRATE, THOTTIYAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUCHIRAPALLI.

3.THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION, TIRUCHIRAPALLI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.B.VETRIVEL, Advocate ( SR-12191[I] dated 11/08/2023 ) ORDER IN CRL OP(MD) No.13926 of 2023 Date :10/08/2023

RK/VRS (18/08/2023) 5P /6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023