Bailat @ Samuvel, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of May Two Thousand Nineteen PRESENT The Hon'ble Mr Justice B.PUGALENDHI CRL OP(MD) No.7095 of 2019 BAILAT @ SAMUVEL ... PETITIONER/ ACCUSED No.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, PAPANASAM POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO. 58 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.M.KARUNAKARAN, Advocate For Respondent : MR.A.Robinson, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/accused, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 399 IPC in Crime No.58 of 2019 on the file of the respondent police, seeks anticipatory bail.

2.Heard Mr.K.M.Arunakaran, learned Counsel for the petitioner and Mr.A.Robinson, learned Government Advocate (Crl. Side) appearing for the State.

3.The case of the prosecution is that the petitioner and other accused are said to have attempted to commit dacoity and on secret information the Inspector of Police went to the place of occurrence, but the accused ran away.

4.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prays to grant anticipatory bail to this petitioner.

5.The learned Government Advocate (Crl. Side) appearing for the respondent Police opposes the grant of anticipatory bail. 6.Taking into consideration the facts and circumstances of the case and no incident was taken place and there is no bad antecedent against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with the following conditions. 7.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 was made ready before the learned Judicial Magistrate, Papanasam, Thanjavur District on condition that the petitioner shall execute a separate 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 and on further conditions that:- [a] the petitioner as well as the sureties shall submit a copy of their Aadhar card or any other identity cards issued by the Government, in proof of their address, along with the surety bonds. [b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

[c] the petitioner shall not tamper the evidence or witness either during investigation or trial.

[d] the petitioner shall co-operate for the investigation and the trial.The petitioner shall not abscond either during investigation or trial and in event of the petitioner absconds, the respondent police shall register a case as provided under Section 229-A IPC.

[e] in the event of breach of any of the aforesaid conditions, the learned Magistrate / trial Court is entitled to take appropriate action against the petitioner, as per the principles laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005) AIR SCW 5560].

sd/- 15/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-I) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PAPANASAM, THANJAVUR DISTRICT

2 -DO-THRO-THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT.

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

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.K.M.KARUNAKARAN Advocate SR.No.8510

ORDER

IN CRL OP(MD) No.7095 of 2019 Date :15/05/2019 ES/JC/SAR 1/20.05.2019/3P/6C