Iyyappan @ Sekar M/A 24 Years, v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Thirtieth day of May Two Thousand Eighteen PRESENT The Hon`ble Mr Justice N.SATHISH KUMAR CRIMINAL ORIGINAL PETITION No.13954 of 2018 1 IYYAPPAN @ SEKAR [ PETITIONERS / ACCUSED ] 2 S.MANI @ MANIKANDAN Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, D-3 GUDUVANCHERI POLICE STATION, GUDUVANCHERI, KANCHEEPURAM DISTRICT, CR.NO.359 OF 2018.

For Petitioner : M/S.S.PONNIVALAVAN Advocate For Respondent : M/S.M.PRABHAVATHI, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1 and A3, who apprehend arrest at the hands of the respondent police for the alleged offences punishable u/s.147, 148, 294[b], 324, 341, 379, 506[i] of IPC in Crime No.359/2018, seek anticipatory bail.

2. The case of the prosecution is that the petitioners along with the other accused waylaid the defacto complainant, assaulted him and snatched away 3 sovereigns of gold chain and 1⁄2 sovereign of gold ring.

3.Heard both sides.

4.Though the allegation of chain snatching has been pressed into service, having regard to the nature of the allegation in the FIR which was registered two days later after the alleged occurrence and no one has got treated further, this Court is of the view that this is a fit case to grant anticipatory bail to the petitioners.

5. Accordingly, the petitioners 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 No.2, Chengalpattu on condition that each of 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:

[a] the petitioners shall report before respondent police daily at 6.30 p.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]. [e] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 30/05/2018 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, NO.2, CHENGALPATTU.

2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET. [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, D-3 GUDUVANCHERI POLICE STATION, GUDUVANCHERI, KANCHEEPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1CC to M/S.S.PONNIVALAVAN Advocate on payment of necessary charges in SR.NO. 9590 CRL OP.13954/2018 Date :30/05/2018 MLT-31/05/2018