Giritharan v. The Inspector Of Police

CRL OP(MD). No.14504 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14504 of 2022 Giritharan ... Petitioner/Petitioner/ Accused(Rank Not Known) Vs The State rep.by The Inspector of Police, Vallam Police Station, Thanjavur Distirct.

Crime No.181 of 2022.

... Respondent/Respondent/ Complainant For Petitioner : M/s.PITCHAI MUTHU.M., 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.181 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused (Rank Not KNown), apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 394 of IPC, in Crime No.181 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 24.02.2022, at about 09.00 p.m, the defacto complainant was standing near old Vannarpettai bridge, the accused person came there in a two-wheeler and snatched his mobile phone and robbed a sum of Rs.17,750/- at knife point.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that this is the second anticipatory bail application. Earlier anticipatory bail application filed by the petitioner was dismissed by this Court on the ground that the amount involved in this case has not yet been recovered. Now, he says that he is ready to deposit the above said unrecovered amount of Rs.17,750/- to the credit of crime number.

4.The petitioner is directed to appear before the respondent police and co-operate him to complete the investigation. At that time, the respondent police may take steps to conduct identification parade by following proper steps.

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CRL OP(MD). No.14504 of 2022

5. Considering the facts and circumstances of the case and also considering the fact that the petitioner is ready to deposit the unrecovered amount of Rs.17,750/- to the credit of crime number, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.17,750/- (Rupees Seventeen Thousand Seven Hundred and Fifty only) to the credit of Cr.No.181 of 2022 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.

7. On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, Thanjavur, Thanjavur 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 learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

8. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 08/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, THANJAVUR, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, VALLAM POLICE STATION, THANJAVUR DISTIRCT.

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

ORDER IN CRL OP(MD) No.14504 of 2022 Date :08/09/2022 DSS SA/SVR/SAR.1/15.09.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2