Kissan Babu, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.2221 of 2019 KISSAN BABU ... PETITIONER / 5th ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, THALAIYUTHU POLICE STATION, TIRUNELVELI DISTRICT.

Crime No.341/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.P.MANI ANANDH Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the alleged offences under Section 341, 397 & 506(ii) of IPC, in Cr.No.341 of 2018 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 08.12.2018, the petitioner along with other accused persons waylaid the defacto complainant and the persons came along with him, grabbed Rs.1500/- from the defacto complainant and snatched a chain worth about 1 1⁄2 soverigns from Vijaya Chandrakanth and Rs.500/- from Anantha Vasudevan. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. The co-accused persons already arrested and released on bail by the trial Court. Accoridingly, he prayed for anticipatory bail. 4.The learned Government Advocate (Crl.Side) appearing for the State would submit that there is no previous case is pending against the petitioner.

5.Considering the facts and circumstances of this case and the co-accused already enlarged on bail and no previous case similar in nature pending against the petitioner, 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 No.III, Tirunelveli, 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 learned 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 daily at 10.30 a.m. and 5.30 p.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/- 12/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO III, TIRUNELVELI .

2.THE CHIEF JUDICIAL MAGISTRATE, TIRNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE, THALAIYUTHU POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to Mr.T.LENIN KUMAR Advocate SR.No.2915

ORDER

IN CRL OP(MD) No.2221 of 2019 Date :12/02/2019 TK/PN/SAR-1/13.02.2019/3P/6C