Sathish Babu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/10/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN Sathish Babu ... Petitioner/ Accused Rank not known Vs The State rep. by The Inspector of Police, Nesamony Nagar Police Station, Kanyakumari District.

Cr No.430 of 2020. ... Respondent/Complainant For Petitioner : M/s.R.Maheswaran, Advocate.

For Respondent : Mr.KR.Bharathi kannan, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For an Anticipatory Bail in Crime No. 430 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 147,341,379(NP) and 506(ii) of IPC seeks anticipatory bail.

2. Heard both sides.

3.The case of the prosecution is that on 19.09.2020 at about 10.30 pm., when the defacto complainant was returning home after his work the petitioner along with other accused persons waylaid him, and snatched his gold chain and also attempted to assault him , unfortunately he escaped from the assault.

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4. The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would also submit that the name of the petitioner does not found place in the First Information Report only based on the confession statement of the co-accused his name has been implicated.

5. The learned Government Advocate(Criminal Side) submitted that the investigation is pending. He would also submit that coaccused in this case was released on anticipatory bail by this Court on 01.10.2020.

6. Taking into consideration the facts and circumstances of the case and also taking note of the fact that co-accused in this case was released on bail by this Court, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is 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 No.I, Tirunvleli 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:

(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 Aadhar 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 period of two weeks and thereafter 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]; and;

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(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 08/10/2020 / TRUE COPY / / /2020 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.

TO

1. THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

2. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, NESAMONY NAGAR POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10971 of 2020 Date :08/10/2020 AAV SRS/ SMA/SAR-III/ 12.10.2020/ 3P/5C 3/3