Ramesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA Ramesh (Name was wrongly stated in FIR as Rajesh) ... Petitioner/Accused No.4 Vs State Rep.by The Inspector of Police, Pandhanallur Police Station, Thanjavur District.

Crime No.777 of 2022.

... Respondent/Complainant For Petitioner : M/s.Saravanan.A, Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.777 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 379 and 511 IPC in Crime No. 777 of 2022 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution, as per the de-facto complainant, is that the accused persons had attempted to steel the scrap material including the iron pipe from the Shree Ambika Sugar Mill, in which, the defacto complainant is working as the Supervisor. Hence, the complaint.

3.The learned Counsel for the petitioner would submit that the petitioner has been falsely implicated in this case based on the confession statement recorded from the co-accused. The co-accused were already been enlarged on anticipatory bail by this Court. He prays for grant of anticipatory bail to the petitioner. 1/3

4.The learned Government Advocate (Crl.side) would submit that though the petitioner has no bad antecedent, he along with other accused attempted to commit the theft of scrap material. However, he opposes for grant of anticipatory bail to the petitioner. 5.Taking into consideration the facts and circumstances of the case and considering the fact that no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 on which the order copy made ready, before the learned Judicial Magistrate, Thiruvidaimarudhur, Thanjavur District, on condition that the petitioner shall execute a bond for a sum of Rs.

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate 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 everyday at 10.30 a.m., for a period of two weeks and thereafter, every Saturday at 10.30 am 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 19/01/2023 / TRUE COPY / /02/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE, THIRUVIDAIMARUDHUR, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE PANDHANALLUR POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.SARAVANAN.A, Advocate ( SR-763[I] dated 19/01/2023 )

ORDER

IN CRL OP(MD) No.969 of 2023 Date :19/01/2023 RS/SSS/SAR.3(01.02.2023) 3P-6C 3/3