Sugantha Raja Thangapandian v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). Nos.1871 and 2023 of 2021 Sugantha Raja Thangapandian ... Petitioner/A1 in Crl.O.P.(MD)No.1871 of 2021
1. Ranjith Raja Singh,
2. Richi Logeswaran ... Petitioners/A3 & A4 in Crl.O.P.(MD)No.2023 of 2021 Vs The Inspector of Police, Tattarmadam Police Station, Tuticorin District.
In Crime No. 269/2020.
... Respondent in both Crl.O.Ps.
(in both Crl.O.Ps) For Petitioners : Mrs.K.M.Priscilla Jancy, Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- For Anticipatory bail in Crime No. 269/2020 on the file of the respondent Police COMMON ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.
2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 147, 294(b), 506(i) and 379 of I.P.C., in Crime No.269 of 2020 on the file of the respondent police, seek anticipatory bail. 1/3
3. It is seen from the First Information Report that on 30.12.2020, A7 had entered into the house of the defacto complainant and took away the CCTV camera and caused damages. A7 acted on behalf of the co-accused. On investigation, it is revealed that A7 was found in the CCTV camera and camera also recovered. As far as the petitioners are concerned, they only instigated A7.
4. In the view of the above, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Virudhunagar, on condition that 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(a)the petitioners 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 petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, 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]; and;
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 10/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.THE JUDICIAL MAGISTRATE, VIRUDHUNAGAR 2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVLLIPUTHUR.
3.THE INSPECTOR OF POLICE, TATTARMADAM POLICE STATION, TUTICORIN DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +2 CC to Mr.G.PRADEEP DHINAKARAN, Advocate ( SR-944, 946[I] dated 12/02/2021 )
ORDER
IN CRL OP(MD). Nos.1871 and 2023 of 2021 Date :10/02/2021 IAS AE/JC/SAR-II (15/02/2021) 3P / 7C 3/3