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Madras High CourtCRL OP/12198/2016granted

Rajkiran v. State Rep.By

2016-06-13Honourable Mr Justice S. Vaidyanathan2 pages

CRL.O.P.No.12198 of 2016 S.VAIDYANATHAN, J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 392 of IPC in Cr.No.381 of 2016 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioners have snatched the cell phone and cash from the defacto complainant and hence, a case was registered against the petitioners.

3.Learned counsel for the petitioners submitted that they have been falsely implicated in this case. It is further submitted that since the petitioners are new to Thiruppur, they do not know any person who can stood as sureties and hence, seeks indulgence of this Court. 4.Learned Government Advocate (Crl.side) submits that the property had been recovered from the accused.

5. Considering the facts and circumstances and the fact that the property had been recovered, I am inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their 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

S.VAIDYANATHAN, J.

smi Magistrate-I, Udumalpet, on each of them executing a personal bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) 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:

[a] the petitioners shall report before the respondent police station daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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].

13.06.2016 smi CRL.O.P.N0.12198 of 2016