White Prabhu @ Antony Prabhu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI White Prabhu @ Antony Prabhu ... Petitioner/3rd Accused

Versus

State rep. by The Inspector of Police, Palakkarai Police Station, Trichy city.

(Crime No.210 of 2024) ... Respondent/Complainant For Petitioner : Mr.T.Lenin Kumar Advocate For Respondent : Mr.P.Kottaichamy Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.210 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.210 of 2024, for the offence under Sections 341, 427, 392 r/w. 397 IPC, has filed this petition seeking anticipatory bail. 1/5

2. The case of the prosecution is that the petitioner waylaid the defacto complainant and threatened him with a knife, took away a sum of Rs.1,250/- from him and damaged his car.

3. The learned Government Advocate (Crl. Side) opposes for grant of anticipatory bail on the ground that apart from this case, the petitioner has also involved in nine other cases. He further submits that this is the second anticipatory bail petition filed by the petitioner. Considering the antecedent of the petitioner, this Court, by order 18.04.2024, dismissed the earlier anticipatory bail petition filed by the petitioner. He has also produced the details of the previous cases pending against the petitioner, which are extracted as under: Sl.No.

Crime No.

Offences status i.

399/2018 Velankanni PS 379 IPC Disposed ii.

66/2023 Palakkarai PS 294(b), 353, 506(2) - IPC 5, 7(3) - Lottery Act NTF iii 1297/2022 Palakkarai PS 75(1)(c) - TNCP Act NTF iv 567/2022 Palakkarai PS 294(b), 323, 324, 506(2) IPC NTF v.

946/2020 Palakkarai PS 5, 7(3) - Lottery Act NTF vi.

774/2020 Palakkarai PS 75(1)(c) - TNCP Act Disposed 2/5

vii 103/2020 Palakkarai PS 5, 7(3) - Lottery Act NTF viii 800/2018 Palakkarai PS 75(1)(c) - TNCP Act Disposed ix 469/2018 Palakkarai PS 5, 7(3) - Lottery Act Disposed

5. Among these cases, two cases are relating to IPC offence, out of which, one case has already been disposed and other seven cases are relating to the offence under Section 75(1)(c) of TNCP Act and Sections 5, 7(3) of Lottery Act, out of which three cases have already been disposed of.

6. The learned counsel appearing for the petitioner submits that the present case has been purposely foisted as against the petitioner in order to detain him under the Tamil Nadu Act 14 of 1982. He further submits that though the police officials have requested the higher authorities to detain the petitioner under the Tamil Nadu Act 14 of 1982, the same was not accepted by the higher officials.

7. Considering the nature of offence and also considering the submission made by the learned counsel appearing for the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

8. Accordingly, this Criminal Original Petition is ordered and 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 3/5

learned Judicial Magistrate on condition that (i) the petitioner executes a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.V, Trichy.

(ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;

(iii) The petitioner shall appear before the respondent police daily at 10.30 a.m. and 5.30 p.m. until further orders. He has to co-operate for the investigation. (iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 20/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY 4/5

TO 1 THE JUDICIAL MAGISTRATE NO.V TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3 THE INSPECTOR OF POLICE PALAKKARAI POLICE STATION, TRICHY CITY 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.T.LENINKUMAR, Advocate ( SR-6824[I] dated 21/06/2024 )

ORDER

IN CRL OP(MD) No.8978 of 2024 Date :20/06/2024 SS/VR/SAR- /01/07/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5