Anbuselvan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty First day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22658 of 2018 1 ANBUSELVAN 2 ANANTHI ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI CITY.

(CRIME.NO.1559/2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.M.SOLAISAMY Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 379 I.P.C. in Crime No.1559 of 2018, seek anticipatory bail. 2.The case of the prosecution is that on 18.11.2018, at about 2.20 a.m., the de facto complainant parked his car in front of his house. At that time, some unidentified persons stolen the car of the de facto complainant. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that this Court had earlier granted anticipatory bail to the first petitioner herein on 12.

12.2018 in Crl.O.P.(MD).No.21968 of 2018, on the file of the Inspector of Police, S.S. Colony Police Station, Madurai City in Crime No.833 of 2018. 4.The learned Government Advocate (Crl.side) would submit that the property has been recovered by the respondent police. 5.Taking into consideration the facts of the case and the submissions made by learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.VI, Madurai, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- https://hcservices.ecourts.gov.in/hcservices/

(Rupees ten thousand only) each 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 petitioners fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioners shall report before the respondent police daily at 05.00 P.M and thereafter as and when required for interrogation.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 21/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO-VI,MADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE,MADURAI.

3 THE INSPECTOR OF POLICE, ANNA NAGAR POLICE STATION, MADURAI CITY.

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

+1. CC to Mr.M.SOLAISAMY Advocate SR.No.24023 PS/VR/SAR-1/28.12.2018/2P/6C

ORDER

IN CRL OP(MD) No.22658 of 2018 Date :21/12/2018 https://hcservices.ecourts.gov.in/hcservices/