Madhankumar, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eleventh day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.14184 of 2016 MADHANKUMAR, ... PETITIONER / ACCUSED NO.1 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, KEELAKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.
(CRIME NO.129/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S K.C.RAMALINGAM Advocate For Respondent : MR.P.KANNITHEVAN 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 apprehends arrest at the hands of the respondent police for an alleged offence punishable under Section 392 of IPC in Crime No.129 of 2015, seeks anticipatory bail.
2. The case of the prosecution is that on 08.08.2015, the petitioner and A1 snatched the gold chain and cellphone from the defacto complainant worth about Rs.17,000/-. On complaint, a case has been registered against the petitioner.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that co-accused has already granted anticipatory bail by this Court in Crl.O.P(MD). No.9856 of 2016, dated 29.06.2016.
4. The learned Government Advocate (Crl. Side) submitted that the property in this Crime number recovered in another Crime No.72 of 2016 at Erwadi Police Station and 5 sovereigns of gold chain and one Cellphone is not recovered and he is having two previous cases.
5. Considering the facts and circumstances of the case and also considering the fact that the property in this Crime number is recovered, I am inclined to grant anticipatory bail to the petitioner. 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, https://hcservices.ecourts.gov.in/hcservices/
before the learned Judicial Magistrate No.I. Ramanathapuram and 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police daily at 10.00 am until further orders.
[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioner shall not abscond either during investigation or trial.
[d] 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]. 6.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 condition or not. sd/- 11/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3 THE INSPECTOR OF POLICE,KEELAKARAI POLICE STATION, RAMANATHAPURAM DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S K.C.RAMALINGAM Advocate SR.No.44199 GJM/PV/SAR-I-23.8.16-2P-6C
ORDER
IN CRL OP(MD) No.14184 of 2016 Date :11/08/2016 https://hcservices.ecourts.gov.in/hcservices/