Krishnakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/07/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN Krishnakumar ... Petitioner/Accused No.2 Vs State Rep.by The Inspector of Police, Srirangam Police Station, Trichy City.

Crime No.292/2020 ... Respondent/Complainant For Petitioner : Mr.N.Anandakumar, Advocate.

For Respondent : Mr.M.Chandrasekaran, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.292 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as Accused No.2, apprehending arrest at the hands of the respondent police for the offences punishable under sections 394 and 397 of IPC, in Crime No.292 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that due to previous enmity between the petitioners and the defacto complainant, the first accused demanded money at the knife point and the petitioner robbed a sum of Rs.1,000/- from the pocket of the defacto complainant and also attacked him with knife. Hence, the complaint. 3.Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely 1/3

implicated in this case. He further submitted that due previous enmity between the parties, this case has been registered against the petitioner. He further submitted that A1 has also been arrested and released on bail by this Court in Crl.O.P.(MD).No.5816 of 2020, dated 09.06.2020. Hence, he seek anticipatory bail. 5.The learned Additional Public Prosecutor, on instructions, submitted that no previous case is pending against the petitioner and A1 is involved in six cases and also enlarged on bail. 6.Considering the fact and circumstances of the case and submission made by the learned Additional Public Prosecutor, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the Judicial Magistrate, Srirangam, Trichy, and on his executing a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that, [a] the petitioner shall report before the respondent police once in a week, i.e., on every Monday at 10.30 a.m., until further orders.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 06/07/2020 / 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, SRIRANGAM, TRICHY.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, SRIRANGAM POLICE STATION, TRICHY CITY.

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

ORDER

IN CRL OP(MD) No.7010 of 2020 Date :06/07/2020 MS/PN/SAR-3/07.07.2020/3P.5C 3/3