Sheick Mohaideen Pitchai, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eleventh day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21863 of 2018 SHEICK MOHAIDEEN PITCHAI, ... PETITIONER / ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE, MELAPALAYAM POLICE STATION, (IN CRIME NO.372/2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.C.SUSI KUMAR Advocate For Respondent : MR.S.CHANDRASEKAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 4 of Tamil Nadu Property (Prevention of Damage & Loss)Act, 1992 in Crime No.372 of 2018, seeks anticipatory bail. 2.

The case of the prosecution is that the petitioner is said to have set fire on the car. Hence, the complaint. 3.It is submitted that the petitioner is a driver of on Razeed, who is the son of Ansari. The said Razeed had illegal relationship with one lady. On knowing the same, some unknown persons have extracted money from Razeed. On the date of occurrence, petitioner along with other accused have set fire on the car. 4.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 offence.

5.The learned Government Advocate (Crl.side) would submit that the investigation is pending.

6.Taking into consideration the facts of the case and the submissions by learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner. 7.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 No.V, Tirunelveli on 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 respondent police or the police officer who intends to arrest or 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 daily at 10.30 am for a period of two weeks and thereafter as and when required for interrogation.

[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/- 11/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE,

3.THE INSPECTOR OF POLICE, MELAPALAYAM POLICE STATION, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.C.SUSI KUMAR Advocate SR.No.23118

ORDER

IN CRL OP(MD) No.21863 of 2018 Date :11/12/2018 AE/VR/SAR4/18.12.2018/3P/6C