T. Michael Stanis Prabhu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/05/2022 PRESENT The Hon`ble Mr.Justice M.S.RAMESH T.Michael Stanis Prabhu ... Petitioner/Accused (Rank Not Known) Vs The State rep.by The Inspector of Police, CBCID Wing, Thoothukudi, Thoothukudi District.

(Crime No.11/2012).

... Respondent/Complainant K.Vijaya ... Respondent/Defacto-Complainant In Crl.MP(MD).5853/2022 in Crl.OP(MD).8546/2022 For Petitioner : M/s.ANAND.R, Advocate.

For Respondent : Mr.B.THANGA ARAVINDH, Government Advocate (Crl.Side) For Intervenor : Mr.L.SHAJI CHELLAN, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.11/2012 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 506(ii) of IPC and Section 3 of the Explosive Substances Act @ 120(B), 506(ii) of IPC r/w 109 of IPC and Section 3 of the Explosive Substances Act, in Crime No.11 of 2012, on the file of the respondent police, seeks anticipatory bail.

2.Heard both sides.

3.The incident occurred in the year 2012. The petitioner apprehends that he may to be arrested in connection with the present offence under Section 120(B), 506(ii) of IPC r/w 109 of IPC and Section 3 of the Explosive Substance Act.

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4.In view of the delay in registering the complaint, this Court is of the view that the petitioner is entitled for anticipatory bail.

5.Accordingly, 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.I, Thoothukudi, 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 10.30 a.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/- 06/05/2022 / TRUE COPY / / /2022 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 NO.I THOOTHUKUDI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE, CBCID WING, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.ANAND.R Advocate SR.No.4440

ORDER

IN CRL OP(MD) No.8546 of 2022 Date :06/05/2022 SA/JM/SAR.2/09.05.2022/3P/6C 3/3