Madras High CourtCRL OP(MD)/17500/2017granted

Kumar @ Kumar Raj v. The Inspector Of Police

2017-12-20Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD)Nos.17500, 17540 & 17543 of 2017 KUMAR @ KUMAR RAJ ... PETITIONERS / RANK NOT KNOWN IN ALL THE PETITIONS Vs THE STATE REP.BY, THE INSPECTOR OF POLICE THUCKALAY POLICE STATION, KANYAKUMARI DISTRICT.

... RESPONDENT / COMPLAINANT CRIME NO.93/2017 IN CRL OP(MD)No.17500/2017 CRIME NO.95/2017 IN CRL OP(MD)No.17540/2017 CRIME NO.94/2017 IN CRL OP(MD)No.17543/2017 For Petitioner : M/S.K.RAJESHWARAN Advocate IN ALL THE PETITIONS For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) IN ALL THE PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, apprehends arrest at the hands of the respondent police for the offence punishable under Section 3(1) of Tamil Nadu Property (PRVNT of Damage & Loss) Act, 1992, in Crime No.93, 95 & 94 of 2017, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner damaged three transport corporation buses worth about Rs.15,000/- (Rupees fifteen thousand only). Accordingly, the conductor of the buses gave complaints before the respondent police. 3.The learned counsel for the petitioner submitted that the petitioner is ready to pay the damaged amount as stated by the complainant.

4. The learned Government Advocate (Criminal side) appearing for the respondent would submit that if the petitioner deposits the damaged amount of the transport corporation buses, this Court may consider the petitioner's anticipatory bail.

5. Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel for the petitioner as well as the respondent, I am 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 https://hcservices.ecourts.gov.in/hcservices/

learned Judicial Magistrate, Padmanabhapuram, Kanyakumari District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties 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 is directed to pay the amount of Rs.15,000/- in total. After depositing the same, the Lower Court shall accept the sureties and thereafter the said amount will be disbursed to the transport corporation in order to repair the buses damaged by the petitioner.

(ii)the petitioner shall report before the investigation officer, daily at 10.30 a.m., for a period of two weeks and thereafter, as when required for interrogation;

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

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

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

sd/- 20/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PADMANABHAPURAM, KANYAKUMARI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, THUCKALAY POLICE STATION, KANYAKUMARI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+3. CC to M/S.K.RAJESHWARAN Advocate SR.Nos.36699, 36700 & 36701 ORDER IN CRL OP(MD)Nos.17500, 17540 & 17543 of 2017 Date :20/12/2017 https://hcservices.ecourts.gov.in/hcservices/ MKV-RM-SAR 1/22.12.2017/2P-8C