Sathish v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/06/2020 PRESENT The Hon`ble Mr.Justice RMT. TEEKAA RAMAN SATHISH ... PETITIONER/ACCUSED RANK NOT KNOWN VS THE STATE THROUGH THE INSPECTOR OF POLICE, USILAMPATTI TOWN POLICE STATION.
(IN CRIME NO.462 OF 2020) ... RESPONDENT/COMPLAINANT For Petitioner : Mr.J.Senthil Kumaraiah, Advocate For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.462 of 2020 on the file of the respondent police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 2.The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 457 and 380 of IPC., in Crime No.462 of 2020, on the file of the respondent police, seeks anticipatory bail.
3.The case of the prosecution is that the defacto complainant given a complaint on 15.04.2020, before the respondent stating that two persons stolen liquor bottles from alleged tasmac shop for worth about Rs.84,580/-(Rupees Eighty Four Thousand Five Hundred and Eighty).
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4.The learned counsel for the petitioner submitted that the petitioner did not commit any offence as alleged by the prosecution and he is an innocent and he has been falsely implicated in the above said case.
5.The learned Additional Public Prosecutor submitted that coaccused have already been released on bail in Cr.M.P.No.179 of 2020, by District Munsif Cum Judicial Magistrate Court No.1, Usilampatti. He would further submit that the investigation is still pending.
6. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with certain conditions:- (i) Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned District Munsif Cum Judicial Magistrate No.I, Usilampatti, 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;
(ii) The petitioner shall appear before the respondent police daily at 10.00 a.m until further orders.
(iii)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]; and; (iv)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
7.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.
8.The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.
sd/- 23/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utlised for official purposes, but, 2/3
ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE NO.I, USILAMPATTI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.
3 THE INSPECTOR OF POLICE USILAMAPATTI TOWN POLICE STATION.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.5922 of 2020 Date :23/06/2020 CP JM/PN/SAR 2/25.06.2020/3P/5C 3/3