B.Lakshmanan v. State By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Friday, the Twenty Ninth day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice M.DHANDAPANI CRIMINAL ORIGINAL PETITION No.20370 AND 20374 of 2021 B.LAKSHMANAN [ PETITIONER / ACCUSED ] Vs STATE BY [ RESPONDENT ] THE INSPECTOR OF POLCIE, ANUPPARPALAYAM POLICE STATION, TIRUPPUR DISTRICT.
(CRIME NO.877 AND 876 OF 2017) For Petitioner : M/S. D.ASHOKKUMAR Advocate For Respondent : MR.C.E.PRATAP, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 392 IPC, in Cr.No.877 of 2017 and for the alleged offence under Section 341, 364A, 395, 397, 34 IPC in Cr.No.876/2017, seeks anticipatory bail. 2.The case of the prosecution is that on 08.10.2017 during night hours, the petitioner involved in robbery for a sum of Rs.4,000/- and also stolen fast track watch, bike and LG mobile phone from the defacto complainants. Hence this complaint.
3.The learned counsel appearing for the petitioner submits that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, the learned counsel prays to grant anticipatory bail to the petitioner also.
4.The learned Government Advocate (Crl.Side) submits that the stolen articles and cash amount have been recovered from the petitioner and the investigation is pending in this case.
5. Considering the fact of recovery of stolen articles, this Court is inclined to grant anticipatory bail to the petitioner.
6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Tiruppur, on condition that the petitioner shall execute 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 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 petitioner and 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;
(b)the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders;
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond either during investigation or trial;
(e)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;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
-sd/- 29/10/2021 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, TIRUPPUR.
2 THE CHIEF JUDICIAL MAGISTRATE TIRUPPUR [FOR INFORMATION]
3 THE INSPECTOR OF POLCIE, ANUPPARPALAYAM POLICE STATION, TIRUPPUR DISTRICT.
4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
+2CC to M/S. D.ASHOKKUMAR Advocate on payment of necessary charges SR.NO.12171+12172 CRL OP.20370 AND 20374/2021 Date :29/10/2021 CSK 10/11/2021