Kannan Alias Maya Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1800 of 2017 KANNAN @ MAYA KANNAN ... PETITIONER/ACCUSED No.26 Vs THE STATE REP. BY THE INSPECTOR OF POLICE, ILAYANKUDI POLICE STATION, SIVAGANGAI DISTRICT.

CR NO. 367 OF 2016. ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S. S.MUTHUKUMAR, ADVOCATE FOR RESPONDENT : Mr.P.KANDASAMY, GOVERNMENT 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.26, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 395, 397 @ 395, 397, 212, 120(b) of I.P.C. and Section 3 of TNPPDL Act r/w. Section 34 of I.P.C., in Crime No.367 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2.

The learned Government Advocate (Crl.side) states that totally 9 named accused and others and during investigation, there are totally 30 accused in this case. He further states that the investigation is almost completed in this case and also the name of the petitioner is implicated in this case as per the second alteration report and also the confession of co-accused.

3. The case of the prosecution is that the accused in this case said to have threatened the de-facto complainant and taken away a sum of Rs.30 lakhs from him and damaged his vehicle also. It is further stated that a sum of Rs.3,10,000/- was recovered from A1 and on his confession, a sum of Rs.2 lakhs was recovered from A2 and no amount was recovered from this accused. The petitioner is arrayed as A26 and no amount of sharing with the petitioner and the name of the petitioner is implicated in this case on the basis of the confession of the co-accused.

https://hcservices.ecourts.gov.in/hcservices/

4. The learned counsel for the petitioner states that the petitioner is innocent and he has been falsely implicated in this

case and he has no bad antecedent.

5. Considering the above facts and circumstances of the case and also the fact that no amount of sharing by the petitioner with the other accused and as per the confession given by co-accused in this case, the name of the petitioner has been implicated in this case, 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 his arrest or on his appearance before the learned Judicial Magistrate, Ilayangudi and on his executing 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 learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 20/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, ILLAYANGUDI, SIVAGANGAI DISTRICT.

2. THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3. THE INSPECTOR OF POLICE, ILAYANKUDI POLICE STATION, SIVAGANGAI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S. S.MUTHUKUMAR Advocate SR.No. 9595

ORDER

IN CRL OP(MD) No.1800 of 2017 Date :20/02/2017 AKV TE/SV-MMS/SAR-III : 28/02/2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/