Pandimoorthy v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9856 of 2016 PANDIMOORTHY ... PETITIONER/ACCUSED NO.2 Vs THE STATE OF TAMILNADU REP BY.
THE INSPECTOR OF POLICE, KEELAKARAI POLICE STATION, RAMANATHAPRUAM DISTRICT.
CR NO.129/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S H.VELAVADHAS Advocate For Respondent : MR.P.KANNITHEVAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as Accused No.2, apprehends arrest at the hands of the respondent police for the offence punishable under Section (*) 392 IPC, in Crime No.129 of 2015, on the file of the respondent police and hence, seeks anticipatory bail.
2.The case of the prosecution is that on 08.08.2015, the petitioner and A.1 snatched the gold chain and cellphone from the de facto complainant worth about Rs.17,000/-. On complaint case has been registered for the above said offences.
3.The case of the petitioner is that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution.
4.The learned Government Advocate (Criminal side) submitted that already A.1 was arrested and property is recovered. The petitioner is having three previous cases and investigation is pending.
5.Considering the facts and circumstances of the case and also considering the fact that the property has been recovered, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner 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, Ramanathapuram, 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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioner shall report before the respondent Police daily twice i.e., at 10.00 a.m. and 05.00 p.m. until further orders.
(ii)the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii)the petitioner shall not abscond either during investigation or trial.
(iv)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].
6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.
sd/- 29/06/2016 (*) Amended as per order of this Hon'ble Court made in Crl.MP(MD)No.5706/2016 in Crl.OP(MD)No.9856/2016 dated 18.07.2016 by VMVJ (**) Time for complying with the condition imposed by this Court is extended for a period of one week from today.
sd/- 18.07.2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO TO BE SUBSTITUTED ORDER COPY ALREADY DESPATCHED 1 THE JUDICIAL MAGISTRATE NO.I,RAMANATHAPURAM 2 THE CHIEF JUDICIAL MAGISTRATE,RAMANATHAPURAM
3 THE INSPECTOR OF POLICE, KEELAKARAI POLICE STATION,RAMANATHAPRUAM DISTRICT. 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S H.VELAVADHAS Advocate SR.No.37406
ORDER
IN CRL OP(MD) No.9856 of 2016 Date :29/06/2016 AA/GSV-PM/SAR-II/01.07.2016/2p-6c JM/SK-SKN/SAR-II/18.07.2016/3P-6C