B.Ilayaraja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/06/2020 PRESENT The Hon`ble Mr.Justice RMT.TEEKAA RAMAN B.Ilayaraja ... Petitioner/Accused No.2 Vs The State rep. by The Inspector of Police, Sellur Police Station, Madurai. Cr.No. 1242 of 2020..

... Respondent/Complainant For Petitioner : M/s M.Sarangan, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the petitioner on bail in the event of his arrest in connection with Cr.No.1242 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 394, 397 and 506(ii) IPC in Crime No.1242 of 2020 on the file of the respondent police, seeks anticipatory bail.

3.The case of the prosecution is that on 20.05.2020, the petitioner and one another tried to make robbery in the defacto complainant's Grocery Shop and the first accused has voluntarily caused hurt to the defacto complainant with weapon. Hence, the complaint.

4.The learned counsel appearing for the petitioner would submit 1/3

that the petitioner is an innocent person and that he did not commit any offence as alleged by the prosecution and he has been falsely implicated in this case. The learned counsel appearing for the petitioner on instructions would submit that the petitioner is ready to deposit a sum of Rs.5,000/- (Rupees Five Thousand Only) to the credit of Crime No.1242 of 2020 before the learned Judicial Magistrate No.II, Madurai.

5.Considering the facts and circumstances of the case and considering the undertaking given by the petitioner that he will deposit a sum of Rs.5,000/- to the credit of Crime No.1242 of 2020, this Court is inclined to grant anticipatory bail to the petitioner on 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.II, 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 sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (iii)The petitioner shall report before the respondent Police on every Monday, Wednesday and Friday for a period of two weeks, thereafter, as and when required 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/- 25/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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.

TO 1 THE JUDICIAL MAGISTRATE NO.II, MADURAI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE INSPECTOR OF POLICE SELLUR POLICE STATION, MADURAI.

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

ORDER

IN CRL OP(MD) No.6626 of 2020 Date :25/06/2020 PD/VR/SAR 2/29.06.2020/3P/5C 3/3