Anbumani, v. The State Rep. By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the Twenty First day of August Two Thousand Eighteen PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20035 of 2018 ANBUMANI [ PETITIONER / ACCUSED ] Vs THE STATE REP. BY [ RESPONDENT ] INSPECTOR OF POLICE, J-9, THURAIPAKKAM POLICE STATION, CHENNAI.

CR.NO. 1166 OF 2018 For Petitioner : M/S.S.ARUMUGAM Advocate For Respondent : MR. C.IYYAPPARAJ, Additional Public Prosecutor PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner was arrested on 21.07.2018 for the offence under Section 341, 392 r/w 397 of IPC in Cr.No.1166 of 2018 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that the petitioner along with other accused waylaid the defacto complainant and committed robbery of mobile phone and a sum of Rs.350/- at knife point. 3.The learned counsel appearing for the petitioner on instructions would submit that the petitioner to show his bonafide is ready to deposit some amount.

4.The learned Additional Public Prosecutor submits that there is no previous case as against the petitioner.

5.Considering the fact that there is no previous case pending as against the petitioner and the fact that the petitioner is ready to deposit some amount as no previous case against the petitioner , I am inclined to grant bail to the petitioner.

6.Accordingly, the petitioner is ordered to be released on bail on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties, of whom, one should be a blood related surety, each for a like sum to the satisfaction of the learned Judicial Magistrate, Alanur and on further condition that:

(a) the petitioner shall deposit a sum of Rs.2,000/- (Rupees Two Thousand Only) directly to the State Legal Services Authority, High Court of Madras, Chennai. The receipt of such payment shall be produced at the time of executing the bond.

(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; (c)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;

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

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

(f)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]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 21/08/2018 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, ALANUR 2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPATTU [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

4 THE INSPECTOR OF POLICE, J-9, THURAIPAKKAM POLICE STATION, CHENNAI 5 THE SECRETARY THE STATE LEGAL SERVICES AUTHORITY, HIGH COURT OF MADRAS, CHENNAI 6 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI +1CC to M/S.S.ARUMUGAM Advocate on payment of necessary charges SR.NO. 15587 CRL OP.20035/2018 Date :21/08/2018 CM 21/08/2018