T. Ponraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Ninth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.352 of 2019 1 T. PONRAJ 2 E. SURESH ... PETITIONERS / ACCUSED 1 & 2 Vs STATE BY THE INSPECTOR OF POLICE, TENKASI POLICE STATION, TIRUNELVELI DISTRICT.

(IN CRIME NO. 5 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.N.SUDHARSAN 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 petitioners, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 (NP), 294 (b), 323 and 506 (ii) IPC in Crime No.5 of 2019, seek anticipatory bail.

2.The case of the prosecution is that the petitioners are said to have snatched the mobile phone of the defacto complainant and attacked him.

3.The learned counsel for the petitioners would submit that a false case has been foisted against them and they have nothing to do with the alleged offence.

4.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side).

5.Taking into consideration the facts of the case and the submissions made by the learned counsel, this Court inclined to grant anticipatory bail to the petitioners.

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6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period

of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Tenkasi, Tirunelveli District, on condition that each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each 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 said Magistrate, on further condition that: [a] if the petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioners shall report before the respondent police as and when required for interrogation.

[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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 09/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TENKASI,TIRUNELVELI DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI. 3 THE INSPECTOR OF POLICE, TENKASI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.N.SUDHARSAN Advocate SR.No.481 PS/VR/SAR-1/11.01.2019/2P/6C

ORDER

IN CRL OP(MD) No.352 of 2019 Date :09/01/2019 https://hcservices.ecourts.gov.in/hcservices/