Santhoshkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Santhoshkumar ... Petitioner/Accused No.1 Vs The State Rep. By, The Inspector of Police, Oddanchathiram Police Station, Dindigul.

(Crime No.10 of 2022) ... Respondent/Complainant For Petitioner : M/s.A.Vinotha Advocate.

For Respondent : Mr.R.Sivakumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.10 of 2022 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 393 IPC, in Cr.No.10 of 2022, seeks anticipatory bail. 2.The case of the prosecution is that on 04.01.2022, the defacto complainant was sitting outside of his farm house and counting the currency notes for a sum of Rs.28,000/-, at that time, the petitioner and A2 to A4 came there and asked money, the de-facto complainant refused to give money, for which, the petitioner tried to snatch the money and the same was fallen in the land. When the de-facto complainant shouted loudly, the petitioner and other accused persons had escaped from that place. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and not committed any offence as alleged by the prosecution. He would further submit that the co-accused were already arrested and released on bail and hence, he seeks anticipatory bail to the petitioner.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is not having any bad antecedents and that the investigation is pending. 5.Considering the nature of charges levelled against the petitioner and also the facts that the co-accused were already arrested and released on bail and that the petitioner is not having any previous case for similar or serious offence or for any other property offence, this Court is inclined to grant anticipatory bail to the petitioner, but with certain conditions. 6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Oddanchathiram, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation.

(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/- 15/03/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, ODDANCHATHIRAM, DINDIGUL DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3. THE INSPECTOR OF POLICE, ODDANCHATHIRAM POLICE STATION, DINDIGUL.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.A.VINOTH, Advocate ( SR-2149[I] dated 17/03/2022 )

ORDER

IN CRL OP(MD) No.699 of 2022 Date :15/03/2022 USK/PN/SAR-I/21.03.2022/3P/6C 3/3