Nandakumar @ Nandu 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 NANDAKUMAR @ NANDU ... PETITIONER/ACCUSED RANK NOT KNOWN VS STATE REP. BY THE INSPECTOR OF POLICE, PATTUKKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT (CRIME.NO.225 OF 2020).

... RESPONDENT/COMPLAINANT For Petitioner : M/s.S.Deenadhayalan, 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.225 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 I.P.C., in Crime No.225 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner is the TASMAC shop supervisor. The case of the prosecution is that on 07.04.2020 at about 08.00 am., the petitioner's TASMAC shop was break open at night hours and worth about Rs.98,060/- of liquor bottles were taken away. Hence, a complaint.

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4. The learned Additional Public Prosecutor submits that A1 and A2 were arrested and enlarged on bail by the Sessions Court in Cr.M.P.No.2107 of 2010 on 22.06.2020.

5. In the view of the fact that the co-accused is released on bail for similar overtacts, 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 Court, Pattukkottai, Thanjavur District 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 sureties shall affix his photograph and left thumb impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity; (iii)The petitioner shall report before the respondent Police daily at 10.00 a.m., until further orders, for interrogation. (iv)The petitioner shall not tamper with evidence or witness either during investigation or trial;

(v)The petitioner shall not abscond either during investigation or trial;

(vi)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; (vii)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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 utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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TO 1 THE JUDICIAL MAGISTRATE, PATTUKKOTTAI, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE PATTUKKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.6509 of 2020 Date :23/06/2020 IAS JM/PN/SAR 2/25.06.2020/3P/5C 3/3