Renganathan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/10/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Renganathan ... Petitioner/Accused Rank Not Known Vs The State Rep. By, The Inspector of Police, Srirangam Police Station, Trichy City, Trichy District.
(Crime No.1109 of 2021).
... Respondent/Complainant For Petitioner : M/s.Yamuna,R, Advocate.
For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1109 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 392 of I.P.C, in Crime No.1109 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that on 02.12.2021, the petitioner and other accused way laid the defacto complainant, threatened him and also grabbed a sum of Rs.500 and the cell phone. Hence, the complainant.
3.The learned counsel for the petitioner would submit that the petitioner is not present in the scene of occurrence and also the petitioner's name was not mentioned in FIR. He would further submit that the petitioner is an innocent person and he has been falsely implicated in this case. Hence, he may be granted anticipatory bail.
1/3
4.The learned Government Advocate (Crl.side) appearing for the respondent police strongly opposed to grant of anticipatory bail to the petitioner on the ground that the property has not been recovered sofar and the petitioner is having eleven previous case and he is a habitual offender and earlier the petitioner was detained under Goondas Act and subsequently, the detention order was quashed by this Court. He would further submit that based on the confession statement of the co-accused, this petitioner has been implicated in this case and major part of the investigation is over. 5.Considering the facts and circumstances of the case and considering the nature of the offence and also the fact that major part of the investigation is over, 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 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, Srirangam, on condition that the petitioner shall execute a bond for a sum of Rs.
[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.
[b]the petitioner shall report before respondent police daily at 10.30 a.m., until further orders;
[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]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 12/10/2022 / TRUE COPY / /10/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
2/3
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, TRICHY CITY, TRICHY DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.17649 of 2022 Date :12/10/2022 cp USK/SBN/SAR-I/19.10.2022/3P/5C 3/3