Krishnan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/06/2020 PRESENT The Hon`ble Mr.Justice M.DHANDAPANI Krishnan ... Petitioner/Accused No.3 Vs State represented by The Inspector of Police, Subramaniapuram C-2 Crime Police Station, Madurai District.
(In Crime No.622of 2020).
... Respondent/Complainant For Petitioner : M/s.A.Banumathy Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 622 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 Government Advocate(Crl. Side) appearing for the respondent.
2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under section 379 I.P.C., in Crime No.622 of 2020 on the file of the respondent police, seeks anticipatory bail.
3. The case of the prosecution is that the petitioner and other accused have stolen the car of the de-facto complainant. Hence, the complaint.
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4. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution.
5. The learned Government Advocate (crl.side) appearing for the respondent State, on instructions, would submit that in this case, based on the confession of the first accused, the petitioner is arrayed as A3. He would further submit that the car is recovered from the first accused.
6. Considering the facts and circumstances of the case and also considering the fact that the car has been recovered, I am inclined to grant anticipatory bail to the petitioner with certain conditions.
(i) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.IV, Madurai 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/- 19/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO
1. THE JUDICIAL MAGISTRATE NO.IV MADURAI.
2. DO THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3. THE INSPECTOR OF POLICE, SUBRAMANIAPURAM C-2 CRIME POLICE STATION, MADURAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.6423 of 2020 Date :19/06/2020 SKN AE/PN/SAR-II (23.06.2020) 3P 5C 3/3