Yogeshwaran v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/11/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Yogeshwaran ... Petitioner/Accused Rank Not Known Vs The State rep.by The Inspector of Police, Srirangam Police Station, Srirangam, Trichy City.
Cr.No.962 of 2021.
... Respondent/Complainant For Petitioner : Mr.G.BALUMAHENDRAN, Advocate.
For Respondent : Mr.S.MANIKANDAN, Government Advocate(crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.962 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 394 and 397 IPC in Crime No.962 of 2021, on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner and the other accused waylaid the defacto complainant, threatened and attacked him and also took his cellphone and a sum of Rs.2,000/-. Hence, the complaint.
3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.
4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioner and the other accused attacked the defacto complainant and took his cellphone and a sum of Rs.2,000/-. He would further submit that the property has been recovered.
5.Considering the facts and circumstances of the case and also the facts that A1 and A2 are still in custody, that the petitioner 1/3
is not having any previous case for similar or serious offence or for any property offence as stated by the learned Additional Public Prosecutor and that the property has already been recovered, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6. 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, Srirangam, Trichy District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five 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 conditions that: (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of their Aadhaar 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 a period of one month and thereafter, as and when required for interrogation.
(c)the petitioner shall not tamper with the 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;
(f)if the accused/ petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 30/11/2021 / TRUE COPY / / /2021 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.
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TO 1 THE JUDICIAL MAGISTRATE SRIRANGAM, TRICHY DISTRICT 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3 THE INSPECTOR OF POLICE SRIRANGAM POLICE STATION, SRIRANGAM, TRICHY CITY.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.17422 of 2021 Date :30/11/2021 MK/VR/SAR.4/03.12.2021/3P/5C 3/3