Vinoth Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10771 of 2016 VINOTH KUMAR ... PETITIONER/ACCUSED NO.2 Vs STATE REB.BY THE INSPECTOR OF POLICE VALLIYOOR POLICE STATION, TIRUNELVELI DISTRICT, CR NO. 198/2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.PALANIVELAYUTHAM Advocate For Respondent : M/S.P.KANNITHEVAH Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 392 of IPC, in Crime No.198 of 2016, on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on 07.06.2016 while the defacto complainant was coming in the Main Road, he was restrained by the first accused and taken Rs.200/- from him at knife point. On complaint, case has been registered for the above said offences. 3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and prays for anticipatory bail in favour of the petitioner. 4.It is submitted by the learned Government Advocate (Crl.Side) that the petitioner is not having any previous case. 5.Considering the facts of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner ordered to be 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 https://hcservices.ecourts.gov.in/hcservices/

learned Judicial Magistrate, Valliyoor, 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:

(i) the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders. (ii)the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii)the petitioner shall not abscond either during investigation or trial.

(iv)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].

5.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.

sd/- 30/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE VALLIYOOR POLICE STATION, TIRUNELVELI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S S.PALANIVELAYUTHAM Advocate SR.No.34272

ORDER

IN CRL OP(MD) No.10771 of 2016 SDR/GSV-PM/SAR II/04.07.2016/2P/6C ate :30/06/2016 https://hcservices.ecourts.gov.in/hcservices/