Sudhakar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of April Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.6404 of 2019 SUDHAKAR ... PETITIONER / ACCUSED NO.8 Vs THE STATE REP BY THE INSPECTOR OF POLICE, SENGIPATTI POLICE STATION,THANJAVUR DISTRICT. (IN CRIME.NO.102/2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.R.MAHESWARAN Advocate For Respondent : Mr.S.CHANDRASEKAR,Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 294(b),324 and 307 of IPC @ 294(b), 324, 307, 449, 302, 147, 148,457, 380,149 and 411 of IPC in Cr.No.102 of 2018, on the file of the respondent police, seeks anticipatory bail.
2.It is the case of the prosecution that the petitioner used to purchase iron scrap materials. While the petitioner along with other tried to stole the iron scrap they attacked the security, due to which one of the person died. Hence the complaint 3.The learned counsel appearing for the petitioner would submit that the petitioner did not commit any offence as alleged by the prosecution and he is an innocent person. He would also submit that his name does not find place in the First Information Report and only based on the confession of the co- accused this petitioner was implicated.
4.The learned Government Advocate(Crl.side) appearing for the respondent police did not dispute the fact submitted by the learned counsel for the petitioner.
5.Considering the facts and circumstances of the case and also considering the fact that there is no serious allegations against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be https://hcservices.ecourts.gov.in/hcservices/
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, Thanjavur 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 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 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/- 29/04/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO-III,THANJAVUR. 2 THE CHIEF JUDICIAL MAGISTRATE,THANJAVUR AT KUMBAKONAM. 3 THE INSPECTOR OF POLICE SENGIPATTI POLICE STATION, THANJAVUR DISTRICT. 4 ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.
+1. CC to MR.R.MAHESWARAN Advocate SR.No.7771 PS/PN/SA-4/02.05.2019/2P/6C
ORDER
IN CRL OP(MD) No.6404 of 2019 Date :29/04/2019 https://hcservices.ecourts.gov.in/hcservices/