Srinivasan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/05/2022 PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD). No.8537 of 2022 Srinivasan

...Petitioner/Accused

Rank Not Known Vs State rep.by The Inspector of Police, Veeravanallur Police Station, Tirunelveli District.

(in Crime No.100/2022)

...Respondent/Complainant

For Petitioner : M/s.Susi Kumar C, Advocate For Respondent : B.Thanga Aravindh, Government Advocate(Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.100 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 394 IPC, in Crime No.100 of 2022, on the file of the respondent police, seeks anticipatory bail.

2.Heard both sides.

3.The learned counsel for the petitioner would submit that the petitioner herein has been implicated for an offence under Section 394 IPC based on the confession of Accused No.5.

4.Admittedly, the petitioner herein was not involved in the occurrence, whereas, the accused Nos. 1 to 8 had indulged in robery by assaulting the defacto complainant's brother. It is further submitted that both the petitioner and A5 are law college students and that A5 had approached the petitioner for getting bail for the other accused persons. The confession statement also does not particularly implicate the petitioner for having involved in the offence.

5.Considering the fact that there is no direct involvement of the petitioner herein in the offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.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.II, Cheranmahadevi, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before the respondent police daily at 06.00 P.m., for a period of one month and thereafter, as and when required for interrogation.

[c]the petitioner shall not tamper with the 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]. Sd/- 05/05/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

LR/MR

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, CHERANMAHADEVI.

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

3. THE INSPECTOR OF POLICE, VEERAVANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.SUSI KUMAR C Advocate SR.No.4347

ORDER

IN CRL OP(MD) No.8537 of 2022 Date :05/05/2022 SP/JM/SAR IV/09/05/2022/3P/6C