Shanmuganathan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/03/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR Shanmuganathan ... Petitioner/Accused No.8 Vs The State rep.by The Inspector of Police, Kovilangulam Police Station, Ramanathapuram District.

Crime No.18 of 2020. ... Respondent/Complainant For Petitioner : Mr.M.S.Jeyakarthik, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.18 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A8, apprehending arrest at the hands of the respondent police for the offences punishable under Section 397 of IPC, in Crime No.18 of 2020 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that on 24.02.2020 the petitioner along with other accused waylaid the defacto complainant and robbed a sum of Rs.4000/- from the defacto complainant. Hence the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in the above case. He would also submit that the property has been recovered.

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4.The learned Government Advocate(Crl.Side) appearing for the State would submit that the petitioner along with other accused waylaid the defacto complainant and robbed a sum of Rs.4000/- from the defacto complainant and the same was recovered. He would also submit that no previous case is pending against the petitioner.

5. It is seen that all the accused persons are said to be member of Palaninathan group who were planning to do away Shanmuganathn and Muneeswaran. The rival group made an attempt but they escaped. Thereafter the above offence is said to have committed. It is seen that there is no complaint from Shanmuganathan or Muneeswaran on the attempt made on them, which is the cause for all the petitioners joining together and thereafter involved in the above case.

6.Taking into consideration the facts and circumstances of the case and also taking note of the fact that property has been recovered and no previous case is pending against the petitioner,this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Kamuthi 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 to 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 draw a demand draft in favour of Dean, Government Hospital, Ramanathapuram, for a sum of Rs.10,000/- (Rupees Ten thousand only) without prejudice to his rights and contentions before the trial Court. The petitioner shall produce the proof of remittance /submission of amount to the Magistrate while executing sureties.

(c)the petitioner shall report before the respondent police daily at 10.30 am., until further orders.

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

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

sd/- 03/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1.THE JUDICIAL MAGISTRATE, KAMUTHI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3.THE INSPECTOR OF POLICE, KOVILANGULAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

COPY TO:

THE DEAN GOVERNMENT HOSPITAL, RAMANTHAPURAM.

+1 CC to M/s.M.S.JEYAKARTHIK, Advocate ( SR-1789[I] dated 04/03/2021

ORDER

IN CRL OP(MD) No.3344 of 2021 VSG Date :03/03/2021 TK/PN/SAR.1/08.03.2021/3P/7C 3/3