Dhanuskodi, v. The State Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the First day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.1715 of 2019 DHANUSKODI ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP. BY THE INSPECTOR OF POLICE, THENI POLICE STATION, THENI DISTRICT.

(CRIME NO. 35 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.MUNIYANDI, Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI, Government 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 offences punishable under Sections 379 I.P.C, in Crime No.35 of 2019, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant while proceeded to his house, the accused persons taken away the cell phone and a sum of Rs.800/-. Hence the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He has been falsely implicated in this case.

4. Heard the learned Government Advocate (Criminal Side) for the respondent.

5. Considering the facts and circumstances of the case and also considering the rival submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner.

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6.Accordingly, the petitioner is directed to deposit a sum of Rs.2,500/- (Rupees Two Thousand and Five Hundred Only)to the Rojavanam Oldage Home, Utthangudi, Melur Main Road, Madurai and on such deposit, 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 Court, Theni, 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 said Magistrate, on further condition that: [a] the petitioner shall appear before the respondent police as and when required for interrogation.

[b] if the petitioner failed to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 01/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, THENI.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3. THE INSPECTOR OF POLICE, THENI POLICE STATION, THENI DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE, ROJAVANAM OLDAGE HOME, UTTHANGUDI, MELUR MAIN ROAD, MADURAI.

+1. CC to Mr.S.MUNIYANDI Advocate SR.No.2124 ORDER IN CRL OP(MD) No.1715 of 2019 Date :01/02/2019 MS/JC/SAR-4/13.02.2019/2P.7C https://hcservices.ecourts.gov.in/hcservices/