Rajeshkannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.821 of 2019 1 RAJESHKANNAN 2 KARTHIGA ... PETITIONERS / ACCUSED (RANK NOT KNOWN) Vs STATE REP.BY THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT.

CRIME NO.464/2018 ... RESPONDENT / COMPLAINANT For Petitioners: Mr.G.GANESH KUMAR Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence under Sections 147, 148, 365 and 506(ii) IPC in Cr.No.464 of 2018 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution that the defacto complainant was kidnaped by the accused. Based on the confession given by the main accused, the petitioners are implicated in this case.

3. The learned counsel appearing for the petitioners would submit that the petitioners did not commit any offence as alleged by the prosecution and only based on the confession statement, the petitioners are falsely implicated.

4. The learned Additional Public Prosecutor (Crl.side), on instructions, would submit no previous case is pending against the petitioners.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners.

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, Melur, 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 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 learned Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the first petitioner shall report before the respondent police daily at 10.30 am., until further orders. The second petitioner 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 05/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, MELUR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE MELUR POLICE STATION, MADURAI DISTRICT.

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

+1. CC to MR.G.GANESH KUMAR Advocate SR.No.2407 ORDER IN CRL OP(MD) No.821 of 2019 Date :05/02/2019 MS/JC/SAR-4/12.02.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/