Stalin v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/02/2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.742 of 2021 Stalin ... Petitioner/Sole Accused Vs The State Rep. by The Inspector of Police, Parthibanoor Police Station, Ramnad District Crime No.3/2021 ... Respondent For Petitioner : Mr.Sankar.M., Advocate.
For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 3/2021 on the file of the respondent Police ORDER : The Court made the following order :- The petitioner/ sole accused apprehending arrest at the hands of the respondent police for the offences punishable under sections 279, 353, 379 of I.P.C r/w.Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner herein said to have stolen Rs.3000/- and when the police party intercepted he stopped the vehicle and escaped from the scene of occurrence. 3.The learned counsel appearing for the petitioner submitted that the petitioner never committed any offence as alleged by the
prosecution and for statistical purpose a false case has been foisted against the petitioner.
4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that petitioner had stolen Rs.3000/- and five previous case is pending against the petitioner and he had also admitted the same. He would also submit that the property was not recovered.
5.Considering the facts and circumstances of the case and also considering the fact that the petitioner had admitted the guilt in previous cases, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.Accordingly, the petitioner shall draw a demand draft in favour of The Dean, Government Medical College Hospital, Ramanathapuram for a sum of Rs.5000/- (Rupees Five Thousand only) without prejudice to his rights and contentions before the trial Court. The petitioner shall produce the proof of remittance / submission of Demand Draft while executing sureties. On acknowledgment of the same the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Paramakudi, Ramanathapuram District 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 a.m for a period of two weeks 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/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 10/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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, PARAMAKUDI, RAMANATHAPURAM DISTRICT.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3. THE INSPECTOR OF POLICE, PARTHIBANOOR POLICE STATION, RAMNAD DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:- THE DEAN, GOVERNMENT MEDICAL COLLEGE HOSPITAL, RAMANATHAPURAM.
ORDER
IN CRL OP(MD) No.742 of 2021 Date :10/02/2021 AAV TE/JC/SAR-I : 15/02/2021 : 3P/6C