Pandi @ Pandiyarajan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/11/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN Pandi @ Pandiyarajan ... Petitioner/ Accused(Rank not known) Vs The State rep. by The Inspector of Police, Tirunelveli Railway Police Station, Tirunelveli District.

Crime No.14/2019. ... Respondent/Complainant For Petitioner : M/s.M.Thiyagarajan, Advocate.

For Respondent : Mrs.M.AnanthaDevi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.14 of 2019 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as accused (Rank not known), apprehending arrest at the hands of the respondent police for the offence punishable under section 392 of IPC, in Crime No.14 of 2019 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that in the year 2019, the petitioner robbed the cell phone from the defacto complainant worth about Rs.7,500/-. Hence, the complaint.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

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4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he seeks anticipatory bail to the petitioner.

5.The learned Government Advocate (Criminal Side), on instructions, submitted that the petitioner robbed the cell phone from the defacto complainant worth about Rs.7,500/- and the same was recovered from him.

6.Considering the facts and circumstances of the case and also considering the fact that the robbed cell phone was also recovered from the petitioner, 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 two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No-IV, Tirunelveli, Tirunelveli District,on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two blood relative 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 his photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity;

(b)the petitioner shall stay at Perambalur and report before the Inspector of Police, The Perambalur Police Station, daily at 10.30 a.m without fail for a 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 03/11/2020 / 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.IV, TIRUNELVELI, TIRUNELVELI DISTRICT.

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

3. THE INSPECTOR OF POLICE, TIRUNELVELI RAILWAY POLICE STATION, TIRUNELVELI DISTRICT.

4. THE INSPECTOR OF POLICE, PERAMBALUR POLICE STATION, PERAMBALUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.12017 of 2020 Date :03/11/2020 DSS SRS/JC/SAR-IV/05.11.2020/ 3P/6C 3/3