Athilingam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/03/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR Athilingam ... Petitioner/2nd Accused Vs State Rep.by The Inspector of Police, Anna Nagar Police Station, Madurai City.

Crime No.1004/2019 ... Respondent/Complainant For Petitioner : Mr.B.Senthilkumar, 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.1004 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/A2 apprehending arrest at the hands of the respondent police for the offences punishable under Section 392 of IPC, on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the de-facto complainant is the grocery shop owner. On 16.09.2019, at about 10.00 p.m., when the de-facto complainant went to his home, at that time, the petitioner and other accused waylaid the de-facto complainant and snatched his cell phone and also attacked him. Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent person and he has been wrongly implicated in the above said crime.

4.The learned Government Advocate (Crl. side) appearing for the State submitted that the offence is said to have taken place in the year 2019 and thereafter, A-1 had been arrested and released on bail and the property was recovered from A-1 and produced before the lower court.

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5.Taking note of the above facts, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.VI, Madurai, 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 report before the respondent police as and when required for interrogation.

(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 / petitioner thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 16/03/2021 / 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. 2/3

TO

1. THE JUDICIAL MAGISTRATE NO.VI, MADURAI.

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

3. THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI CITY.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.B.SENTHILKUMAR, Advocate ( SR-2188[I] dated 17/03/2021 )

ORDER

IN CRL OP(MD) No.3585 of 2021 Date :16/03/2021 SJI MS/PN/SAR-3/23.03.2021/3P.6C 3/3