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Moses Selvaraj v. The Inspector of Police

Madras HC19 Jan 2024CRL OP(MD)/859/2024

Case brief

AI extract

What is this about?

Accused in a family-dispute case involving abuse and assault on a woman sought anticipatory bail. The court noted the injured was discharged and the petitioners had no prior record, and granted anticipatory bail subject to surrender within fifteen days and standard conditions.

What did the court decide?

Anticipatory bail granted; petitioners to be released on bail on arrest or appearance within 15 days, on bond of Rs.10,000 each with two sureties, subject to conditions.

Moses Selvaraj Vs The Inspector of Police — Dowry and Cruelty | Madras HC (2024)

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CRL OP(MD) No.859 of 2024

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Friday, the Nineteenth day of January Two Thousand and Twenty Four

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PRESENT

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The Hon`ble Mr.Justice M.DHANDAPANI

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CRL OP(MD) No.859 of 2024

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1 MOSES SELVARAJ

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2 VINOTH RAJA ... PETITIONERS / ACCUSED RANK No.1 & 2

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THE INSPECTOR OF POLICE TENKASI POLICE STATION, TENKASI DISTRICT. CRIME NO.494 OF 2023. ... RESPONDENT / COMPLAINANT

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For Petitioner : M/S.MUTHURAKKAN K Advocate

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For Respondent : Mr.SS.MADHAVAN, Govt. Advocate ( Crl. Side)

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

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PRAYER:

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FOR ANTICIPATORY BAIL IN CRIME NO.494 OF 2023 ON THE FILE OF THE RESPONDENT POLICE.

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ORDER : The Court Made the following order :-

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The petitioners/A1 & A2, who apprehend arrest at the hands of the

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respondent police for the alleged offence under Sections 294(b), 354 and 506(ii) of https://www.mhc.tn.gov.in/judis

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CRL OP(MD) No.859 of 2024

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IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, in Crime No.494 of 2023, seek anticipatory bail.

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2.The case of the prosecution is that due to family dispute, the petitioners abused the de-facto complainant in filthy language and attacked her with stick and caused injuries to her. Hence, the case.

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3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioners.

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4.The learned Government Advocate (Crl. side) submitted that due to family dispute between the parties, the above said occurrence has taken place and hence, he strongly opposed to grant anticipatory bail to the petitioners. However, he fairly conceded that the injured was already discharged from the hospital and the petitioners are having no previous case.

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5.Considering the facts and circumstances of the case and also considering the fact that it appears to be a family dispute and the injured was already discharged from the hospital and the petitioners have no previous antecedents, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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6.Accordingly, this Criminal Original Petition is ordered and the petitioners https://www.mhc.tn.gov.in/judis 2/5

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CRL OP(MD) No.859 of 2024

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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 of receipt of a copy of this order, before the learned Judicial Magistrate Court, Tenkasi, Tenkasi District, on condition that the petitioners shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

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(a)if the petitioners failed to surrender before the concerned Magistrate within

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a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

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(b) the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(c)the petitioners shall report before the respondent police as and when required for interrogation;

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(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

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(e)the petitioners shall not abscond either during investigation or trial;

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(f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial https://www.mhc.tn.gov.in/judis

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CRL OP(MD) No.859 of 2024

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Court is entitled to take appropriate action against the petitioners in accordance

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with law as if the conditions have been imposed and the petitioners released on bail

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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]; and;

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(g)if the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

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sd/19/01/2024 /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

/ TRUE COPY /

SJI

1 THE JUDICIAL MAGISTRATE TENKASI, TENKASI DISTRICT.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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3 THE INSPECTOR OF POLICE TENKASI POLICE STATION, TENKASI DISTRICT.

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

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https://www.mhc.tn.gov.in/judis

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CRL OP(MD) No.859 of 2024

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+1 CC to M/s.K.MUTHURAKKAN, Advocate ( SR-885[I] dated 22/01/2024 )

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ORDER IN CRL OP(MD) No.859 of 2024 Date :19/01/2024 SS/DD/SAR- /29/01/2024/5P/6C

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Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023

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https://www.mhc.tn.gov.in/judis

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Moses Selvaraj v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Moses Selvaraj v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

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