S.Venkateshwaran, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22791 of 2018 S.VENKATESHWARAN ... PETITIONER / ACCUSED NO.2 Vs STATE THROUGH THE INSPECTOR OF POLICE, VILAMPATTI POLICE STATION, DINDIGUL DISTRICT.

(CRIME.NO.83/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.MALAIKANI 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 Section 420 of IPC and Section 4(1) aaa, 4(1-A) of TNP Act, in Cr.No.83 of 2018 seek anticipatory bail.

2.The case of the prosecution is that the first accused is the wife of this petitioner and the petitioner is working in Pondicherry. On 09.09.2017, when the respondent police conducted a raid, they intercepted the petitioner and his wife/first accused, who is carrying a bag containing liquor bottles and thereby, the respondent police registered a case against the petitioner for the above said offences.

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. The learned counsel for petitioner further submits that the petitioner was already granted anticipatory bail in Crl.O.P.(MD).No.20400 of 2018 on 15.11.2018. But due to his poverty he could not arrange the sureties. Hence, he filed this fresh application.

4.The learned Government Advocate (Crl. Side) submits that the co-accused has been released on bail and the petitioner also granted

anticipatory bail by this Court.

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, Nilakottai, Dindigul District, 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 daily at 10.00 a.m. 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]. [f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 04/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NILAKOTTAI,DINDIGUL DISTRICT.

2 THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL 3 THE INSPECTOR OF POLICE, VILAMPATTI POLICE STATION, DINDIGUL DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.S.MALAIKANI Advocate SR.No.305 PS/PN/SAR-2/09.01.2019/3P/6C

ORDER

IN CRL OP(MD) No.22791 of 2018 Date :04/01/2019