M.Thangapandi, v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22131 of 2018 M.THANGAPANDI ... PETITIONER/ ACCUSED No.6 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE TOWN NORTH POLICE STATION, DINDIGUL Crime No.1065/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.A.CHANDRAKUMAR 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 petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 399 & 420 of IPC, in Cr.No.1065 of 2018 seeks anticipatory bail. 2.The case of the prosecution is that on 11.12.2018, during the patrol the police party found the petitioner along with A1 to A5 and caught red handed with deadly weapons and arrested A1 to A5 and this petitioner ran away from the scene of occurrence. Hence, the complaint.

3.The learned counsel for the petitioner would submit that a false case has been foisted against him and he had nothing to do with the alleged crime.

4.It appears that the petitioner is not a known person in that locality. He has no bad antecedents. In view of the same the petitioner's name in the FIR creates suspicion. 5.Taking into consideration the facts of the case, this Court is inclined to grant anticipatory bail to the petitioner.

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, Dindigul, 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 said Magistrate, on further condition that: [a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioner shall report before the respondent police as and when required for interrogation [c] the petitioner shall not tamper with 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 18/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTATE NO II, DINDIGUL 2.THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3.THE SUB INSPECTOR OF POLICE TOWN NORTH POLICE STATION, DINDIGUL.

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

+1. CC to Mr.A.CHANDRAKUMAR Advocate SR.No.23509

ORDER

IN CRL OP(MD) No.22131 of 2018 Date :18/12/2018 TK/PN.AC/SAR-4/21.12.2018/3P/6C