Allowed

Thiruselvam v. The Inspector of Police

Madras HC6 Aug 2021CRL OP(MD)/10287/2021

Case brief

AI extract

What is this about?

Maidras High Court granted anticipatory bail to the petitioner in a Private Complainant case involving cruelty and wrongful Bharosa. The court imposed conditions for releasing bond with 2 sureties and reporting to police as and when required.

What did the court decide?

Petitioner ordered to be released on bail with a bond of Rs. 10,000/with two sureties, conditions to report to police and not tamper with evidence.

Thiruselvam Vs The Inspector of Police — Anticipatory Bail | Madras HC (2021)

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CRL OP(MD)No.10287 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD)No.10287 of 2021 Thiruselvam, ... Petitioner/Sole Accused

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The Inspector of Police, Thirukostiyur Police Station, Sivagangai District. Cr.No.103 of 2021. ... Respondent/Complainant

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For Petitioner : Mr.S.Kameswaran Advocate. For Respondent : Mr.T.Senthilkumar, Government Advocate (Crl.Side)

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PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

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PRAYER :-

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For Anticipatory Bail in Crime No.103 of 2021 on the file of the Respondent Police.

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ORDER : The Court made the following order :-

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The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 323, 506(i) IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act in Crime No.103 of 2021, seeks anticipatory bail.

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2.The case of the prosecution is that due to previous motive, on 11.07.2021, the petitioner abused, attacked and also threatened the defacto complainant and his wife with dire consequences. Therefore, the present case came to be registered.

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3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner also preferred a complaint as against the defacto complainant and a case was registered in Cr.No.104 of 2021 for the offence under Sections 294(b), 323, 506(i) IPC.

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4.The learned Government Advocate(Crl.side) appearing for the https://hcservices.ecourts.gov.in/hcservices/ respondent police submitted that due to previous motive, the

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CRL OP(MD)No.10287 of 2021

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petitioner and the defacto complainant abused and attacked each other, for which a case and counter case were registered. He further submitted that the injured person has been discharged from the hospital.

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5.Considering the nature of allegation levelled against the petitioner and also the fact that the injured person has been discharged from the hospital, this Court is inclined to grant anticipatory bail to the petitioner.

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6.Accordingly this criminal original petition is allowed and 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruppathur, Sivagangai District, 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 learned Magistrate concerned and on further conditions that:

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[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 Aadhaar card or bank pass book to ensure their identity.

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[b] the petitioner shall report before respondent police as and when required.

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[c] the petitioner shall not tamper with the evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during investigation or trial.

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[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].

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[ f ]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/-

06/08/2021

/ TRUE COPY /

/ /2021

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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GNS

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https://hcservices.ecourts.gov.in/hcservices/

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CRL OP(MD)No.10287 of 2021

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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1.The Judicial Magistrate, Thiruppathur, Sivagangai District.

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2.Do Through The Chief Judicial Magistrate, Sivagangai.

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3.The Inspector of Police, Thirukostiyur Police Station, Sivagangai District.

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4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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ORDER IN CRL OP(MD) No.10287 of 2021 Date : 06/08/2021

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TR/PN/SAR-III (19.08.2021) 3P 5C

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https://hcservices.ecourts.gov.in/hcservices/

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Thiruselvam v. The Inspector of Police

Case brief

What is this about?

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Thiruselvam v. The Inspector of Police

Case brief

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