Mohan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21895 of 2018 MOHAN ... PETITIONER / ACCUSED No. 3 Vs THE STATE REP. BY ITS, THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.

(CR NO. 95 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.S.JEYAKARTHIK Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Section 392 of IPC, in Cr.No.95 of 2018 seeks anticipatory bail. 2.The case of the prosecution is that while the defacto complainant walking, the petitioner along with other accused snatched her 4 1⁄2 soverigns of gold chain and ran away from the scene of occurrence.

3.The learned counsel for the petitioner would submit that a false case has been foisted against him and he had nothing to do with the alleged crime. The petitioner has been made as an accused on the confession of co-accused, the property has been already recovered.

4.The learned Government Advocate (Crl. Side) submits that the petitioner had already filed an application and withdrawn the same. 5.Taking into consideration the facts of the case, this Court is inclined to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 6.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, Paramakudi, 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 said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioner shall report before the respondent police twice daily at 10.30 a.m. and 5.30 p.m. until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 07/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE PARAMAKUDI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM 3 THE INSPECTOR OF POLICE PARAMAKUDI TOWN POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.M.S.JEYAKARTHIK Advocate SR.No.391

ORDER

IN CRL OP(MD) No.21895 of 2018 Date :07/01/2019 TK/VR/SAR-IV/10.01.2019-2P/6C https://hcservices.ecourts.gov.in/hcservices/