Anbu Selvam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.4007 of 2018 ANBU SELVAM ... PETITIONER/ACCUSED No.2 Vs STATE REP.BY, THE INSPECTOR OF POLICE RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT.
IN CR.NO.721/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.JOTHI BASU, Advocate For Respondent : M/S.A.ROBINSON, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 392 IPC., in Crime No.721 of 2017, seeks anticipatory bail.
2. The case of the prosecution is that on 30.09.2017, when the defacto complainant was travelling in a bike with her daughter, the petitioner and another accused came in a Bajaj Pulsar bike and snatched 5 1⁄2 sovereigns of gold chain from her. Hence, the present case is registered against the petitioner and other accused.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence and pleads for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the first accused in this case was arrested and remanded to judicial custody. He further submitted that the stolen property have been recovered from the first accused and based on his confession, this petitioner is impleaded as second accused in this case. He further added that the investigation is still pending.
5.The submissions made by the learned counsels appearing for either side are considered. It is alleged that the petitioner was implicated as accused in this case as per the confession made by the another one accused, who is arrayed as A1. The stolen property also recovered from the first accused. Hence, custodial interrogation may not be necessary for completing the investigation. Therefore, considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain certain conditions.
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 is made ready, before the learned Judicial Magistrate, Rajapalayam, on condition that the petitioner shall execute a bond for a sum of Rs.
(i)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;
(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial; (iii)the petitioner shall not abscond either during investigation or trial;
(iv)on breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioner shall stand automatically cancelled and 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 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].
sd/- 22/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISRATE, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, RAJAPALAYAM SOUTH POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.JOTHI BASU Advocate SR.No.4598
ORDER
IN CRL OP(MD) No.4007 of 2018 Date :22/03/2018 PK/PMI/SAR-1/03.04.2018 : 3P/6C