Sonai Alias Sonaimuathu v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.14709 of 2016 SONAI ALIAS SONAIMUTHU ... PETITIONER / ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, PAZHANI TALUK POLICE STATION, PAZHANI , DINDIGUL ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SIDDHARTHAN 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 the offence punishable under Section 392 IPC, in Crime No.285 of 2016, on the file of the respondent police and hence, seeks anticipatory bail. 2.

The case of the prosecution is that on 22.06.2016 at about 03.00 p.m., when the de facto complainant along with the driver went for purchase of eggs, the accused persons intercepted his vehicle and snatched money and cell phones. On complaint case has been registered for the above said offences.

3.The case of the petitioner is that he is an innocent and he has not committed any offence as alleged by the prosecution. His name has not been mentioned in the FIR. He has been falsely implicated based on the confession of the co-accused. 4.The learned Government Advocate (Criminal side) submitted that the petitioner along with the other accused snatched a sum of Rs.2,50,000/- and cell phones from the de facto complainant. The petitioner is having six previous cases. Investigation is pending. 5.The learned counsel for the petitioner submitted that the petitioner is willing to deposit a sum of Rs.35,000/- to the credit of Crime No.285 of 2016 before the learned Judicial Magistrate, Palani, Dindigul District.

6.Considering the facts and circumstances of the case and also considering the contention putforth on the side of the petitioner, 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, https://hcservices.ecourts.gov.in/hcservices/

within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Palani, Dindigul District, 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 deposit a sum of Rs.35,000/- to the credit of Crime No.285 of 2016 before the learned Judicial Magistrate, Palani, Dindigul District and he shall report before the respondent Police daily at 11.30 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]. 7.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/- 18/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,PALANI, DINDIGUAL DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT 3 THE INSPECTOR OF POLICE, PAZHANI TALUK POLICE STATION, PAZHANI , DINDIGUL 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.SIDDHARTHAN Advocate SR.No.45302

ORDER

IN CRL OP(MD) No.14709 of 2016 Date :18/08/2016 SMA/KBM/SAR-I/22/08/2016 :2P/6C https://hcservices.ecourts.gov.in/hcservices/