N.Sathaiya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23.08.2023 PRESENT The Hon`ble Mr.Justice P.DHANABAL N.Sathaiya, ... Petitioner/Accused No.2 Vs The State Represented by its Inspector of Police, CBCID - South Sivagangai District.

(Crime No.1/2023)..

... Respondent/Complainant For Petitioner : Mr.V.R.Shanmuganathan, Advocate For Respondent : Mr.M.Sakthi Kumar Government Advocate(Crl.Side PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 211, 384, 386 and 306 of IPC in Crime 1/5

No.1 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The learned counsel appearing for the petitioner would contend that the petitioner has not committed any offence and he has been falsely implicated in the case. Already co-accused were released on bail and anticipatory bail. Already this petitioner filed two applications and the same were dismissed. The petitioner is suffering from stroke and he is taking treatment and investigation was almost completed by the police. The FIR were registered on 24.01.2023 and on 26.01.2023. Already main accused was arrested and released on bail. Therefore, the petitioner may be granted anticipatory bail.

3.The learned Government Advocate (Crl.Side) appearing for the respondent filed detailed counter stating that there is suicide note as against the petitioner and the offences are grave in nature. This petitioner is close associate of A1 and close relative of A5 who are main accused in this case. In this case, more than Rs.50 lakhs is involved and so far, no money was recovered from anybody and investigation is still pending. Some of the accused are yet to be arrested. This petitioner is also directly involved in the offence. Already the petitioner has filed two anticipatory bail petitions and the same were dismissed and there is no change of circumstances. Hence, he strongly opposed to grant anticipatory bail to the petitioner 4.Heard both side and perused the materials available on record. 2/5

5.Considering the rival submissions on either side and considering the fact that already main accused was released on bail and also considering the date of registration of the First Information Report, considering that already anticipatory bail was granted to co-accused and also considering all other aspects, this Court is inclined to grant anticipatory bail to the petitioner, subject to the following 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 on which the order copy made ready, before the learned Judicial Magistrate No.II, Sivagangai 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 on further condition that: [a] the petitioner shall report before (*)the Inspector of Police, CBCID, Pudukottai daily at 10.00 A.M. until further orders. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial. [d] 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 3/5

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]. [e] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 23/08/2023 (*)Corrected as per the order of this Hon'ble Court dated 01/09/2023 in CRL OP(MD)No.15226 of 2023.

/ TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MRN TO TO BE SUBSTITUTED WITH THE ORDER DATED 23/08/2023 ALREADY DESPATCHED.

THE JUDICIAL MAGISTRATE NO.II, SIVAGANGAI.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. THE INSPECTOR OF POLICE CBCID-SOUH, SIVAGANGAI DISTRICT.

THE INSPECTOR OF POLICE CBCID, PUDUKOTTAI DISTRICT.

4/5

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

+1 CC to M/s.VR.SHANMUGANATHAN, Advocate ( SR-41690[F]

ORDER

IN CRL OP(MD) No.15226 of 2023 Date :23/08/2023 PKP/DD/SAR- /28.08.2023/ 5P/ 6C AAV SSA/VR/07/09/2023/ 5P /7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5