Madras High CourtCRL OP(MD)/2133/2020granted

Panneerselvam v. The Inspector Of Police

2020-02-07Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.2133 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2133 of 2020 Panneerselvam ... Petitioner/Accused Rank Not Known Vs state rep.by The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.

Crime No.433 of 2019.

... Respondent/Complainant For Petitioner : M/s.A.Arun Prasad, Advocate.

For Respondent : Ms.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.433 of 2019 on the file of the Respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner is figuring as A4 in Crime No.433 of 2019 registered on the file of the respondent police for the offence punishable under section 392 of I.P.C.

3.The case involves committing robbery in a TASMAC liquor outlet on 15.12.2019 in the night hours by the three masked persons. 4.The case of the prosecution is that the petitioner had given his car to the accused with full knowledge that it is going to be committing an offence.

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CRL OP(MD). No.2133 of 2020 5.The petitioner's counsel points out that one of the accused in this case happens to be his own biological brother and that, the petitioner is doing business with the said accused. The said accused has taken the petitioner's vehicle. The petitioner was absolutely unaware as to the purpose, for which, the vehicle was going to be used.

6.The learned Government Advocate (Crl.side) admits that the petitioner is not having any previous case. Even according to the FIR, three masked persons were involved and obviously, he is not one of them.

7.Taking note of the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Thanjavur District, and on his executing 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 learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

8. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 07/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

1. THE JUDICIAL MAGISTRATE NO.I, THANJAVUR DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE INSPECTOR OF POLICE, THANJAVUR TALUK POLICE STATION, THANJAVUR DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.A.ARUN PRASAD, Advocate ( SR-2738[I] dated 10/02/2020 ) ORDER IN CRL OP(MD) No.2133 of 2020 Date :07/02/2020 MS/VR/SAR-4/11.02.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2