Aathinarayanan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17045 of 2017 AATHINARAYANAN ... PETITIONER/ACCUSED/ RANK NOT KNOWN Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE, BODINAYAKANUR POLICE STATION, THENI DISTRICT.

(CRIME NO.627 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.MURUGAPPAN Advocate For Respondent : MR.K.ANBARASAN, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner herein, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 143, 448,380,(NH), 294(b) and 506(i) I.P.C., in Crime No.627 of 2017 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner herein and other accused persons trespassed into the defacto complainant's hotel and stolen furniture and other valuable materials. Thereby, the defacto complainant lodged a complaint before the respondent police.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. This Court already granted anticipatory bail in respect of accused nos.1, 2 and 3. Hence, he prays for anticipatory bail against the petitioner herein. 4.The learned Government Advocate (Crl.side) appearing for the State submitted that the petitioner herein and other accused trespassed into the defacto complainant's hotel and stolen furniture and other valuable materials. He further submitted that the co-accused were already granted anticipatory bail by this Court.

5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Bodi on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each 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 Judicial Magistrate Court, Bodi daily at 10.30 a.m. for a period of four weeks, thereafter as and when required for interrogation.

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

(iii)the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;

(iv) the petitioner shall not abscond either during investigation or trial.

(iv) the petitioner shall not commit any offence while on bail;

(v)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 and the anticipatory bail granted stands cancelled automatically.

sd/- 12/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, BODINAYAKANUR

2 THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT 3 THE INSPECTOR OF POLICE, BODINAYAKANUR POLICE STATION, THENI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.MURUGAPPAN Advocate SR.No.36163

ORDER

IN CRL OP(MD) No.17045 of 2017 Date :12/12/2017 PK/RR/SAR-1/19.12.2017 : 3P/6C