CRL OP(MD)/23547/2013 of K. SELVAN Vs THE INSPECTOR OF POLICE on 30 December 2013

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

Monday, the Thirtieth day of December Two Thousand Thirteen PRESENT

The Hon`ble Mr Justice P.N.PRAKASH

CRL OP(MD) No.23547 of 2013

K. SELVAN ... PETITIONER/ ACCUSED No.3

Vs

THE STATE REP. BY THE INSPECTOR OF POLICE VIKRAMASINGAPURAM POLICE STATION, TIRUNELVELI DT, CRIME NO.251/2013 ... RESPONDENT/ COMPLAINANT

For Petitioner : M/S.R.ALAGUMANI Advocate For Respondent : Mr.A.P.Balasubramani Government Advocate ( Crl. Side)

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

ORDER : The Court Made the following order :- The petitioner is arrayed as A3 and apprehending arrest at the handsof the respondent police for the alleged commission of offences punishableunder sections 294(b), 353 and 506(i) IPC altered into under Sections 294(b), 353 and 506(i) IPC and Section 192(A) of Motor Vehicles Act, in CrimeNo.251 of 2013 on the file of the respondent police, seeks anticipatorybail.

2. The case of the prosecution is that the defacto complainant is theSpecial Sub Inspector Police attached to the respondent police. Accordingto the defacto complainant, the bus driver, drove the vehicle in a rashand negligent manner and when it was questioned by him, the accused abusedhim which resulted in registering of FIR with the respondent policestation, where the defacto complainant is working as Special Sub Inspectorof Police.

3. Learned counsel appearing for the petitioner would submit that thecomplaint itself is false and concocted and the petitioner has nothing todo with the alleged commission of offence.

4. Heard the learned counsel appearing for the petitioner and thelearned Government Advocate(Crl. Side) appearing for the state and alsoperused the entire materials available on record.

5. Considering the facts and circumstances of the case, this is a fitcase for granting anticipatory bail to the petitioner. Accordingly, thepetitioner is ordered to be released on bail in the event of arrest or onhis appearance before the learned Judicial Magistrate, Ambasamuthiram andhttps://hcservices.ecourts.gov.in/hcservices/on executing 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 learnedMagistrate concerned and on further condition that the petitioner shallreport before the respondent police daily at 11.00 a.m. for a period of two weeks and thereafter, the conditions imposed is totally relaxed. Thepetitioner shall comply with the condition stipulated under Section 438Cr.P.C. scrupulously.

6. The petitioner shall appear before the concerned Magistrate withina period of 15 days from the date on which the order copy made readyfailing which, the petition for anticipatory bail stands dismissed.

sd/-

30/12/2013

/ TRUE COPY /

Sub-Assistant Registrar

TO

1 THE JUDICIAL MAGISTRATE, AMBASAMUTHIRAM.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

4 THE INSPECTOR OF POLICE , VIKRAMASINGAPURAM POLICE STATION, TIRUNELVELI DISTRICT.

+1. CC to M/S.R.ALAGUMANI Advocate SR.No. 23547.

TS/31.12.2013/2P-6C