Ranjith v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI

1. Ranjith,

2. Rajapandi,

3. Praveen, ... Petitioners/Accused 2 to 4 Vs The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

In Crime No.76 of 2023.

... Respondent/Complainant For Petitioners : M/s.MOHAN.A, Advocate.

For Respondent : Mr.SS.MADHAVAN, Government Advocate (Crl.Side).

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.76 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 450, 397, 506(ii) and Section 3(1) of Tamil Nadu Public Property (Prevention of Damages and Loss) Act 2002 of IPC, in Crime No.76 of 2023 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the case involved robbery during night hours. The petitioners attempted to attack the TASMAC supervisor. A sum of Rs.6,47,760/- and 4 cell phones and one gold ring worth about Rs.25,000/- were taken away.

3. The learned Government Advocate (Crl.side) appearing has strong objection. He submitted that the petitioners are having three 1/3

previous cases and they are serious in nature. A sum of Rs.6,00,000/- which belongs to Government is involved.

4. The learned counsel appearing for the petitioners submitted that they are ready to abide by any condition and they are ready to deposit the amount without prejudice to their claim.

5. This petition is dismissed as against the second petitioner.

6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to petitioners 1 and 3 with certain conditions.

7. The petitioners 1 and 3 shall deposit a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) each to the credit of Crime No.76 of 2023 on the file of the respondent police within a period of three weeks from the date of receipt of a copy of this order. On such deposit being made, the defacto complainant is permitted to withdraw the same.

8. Accordingly, the petitioners 1 and 3 are ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruchuli, on condition that the petitioners 1 and 3 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only),each with two sureties (of which one shall be a blood related surety) each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

(a)the petitioners 1 and 3 and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity;

(b)the petitioners 1 and 3 shall report before the respondent police daily at 10.30 am., for a period of three months and thereafter, as and when required for interrogation. (c)the petitioners 1 and 3 shall not tamper with the evidence or witness either during investigation or trial; (d)the petitioners 1 and 3 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 1 and 3 in accordance with law as if the conditions have been imposed and the petitioners 1 and 3 released on bail by the learned Magistrate/Trial Court himself as laid down 2/3

by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f)if the accused / petitioners 1 and 3 thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 17/05/2023 / TRUE COPY / 23/05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

PMU TO 1 THE JUDICIAL MAGISTRATE, THIRUCHULI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, THIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.MOHAN.A Advocate SR.No.7512

ORDER

IN CRL OP(MD) No.8695 of 2023 Date :17/05/2023 SA/CG/SAR. /23.05.2023/3P/6C 3/3