Siva Shankar v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/12/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Siva Shankar ... Petitioner/Unnamed Accused Vs The State rep.by, The Sub Inspector of Police, Nagamalai Pudukkottai Police Station, Madurai.

(Crime No.428 of 2021) ... Respondent/Complainant For Petitioner : Mr.A.Rahman Khan, Advocate.

For Respondent : Mr.S.S.Madhavan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SEC.438 OF CR.P.C PRAYER :-For Anticipatory Bail in Crime No.428 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 Section 397 IPC, in Cr.No.428 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that on 26.10.2021 at midnight, the accused persons had entered into the house of the defacto complainant and snatched his and his friends' mobile phones and took amount and clothes of them. Hence, the present complaint.

3. The learned counsel for the petitioner would submit that the petitioner is innocent and not committed any offence as alleged by the prosecution and that the co-accused were already released on bail. Hence, he seeks anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the investigation is not yet completed and that the co-accused were already released on bail. 1/3

5.Considering the nature of charges levelled against the petitioners and also the facts that the properties have already been recovered, that the co-accused were already enlarged on bail and that the petitioner is not having any previous case for similar or serious offence, this Court is inclined to grant anticipatory bail to the petitioner, but 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 No.VI, Madurai 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 Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police daily at 10.30 am for a period of one month 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 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 thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 02/12/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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.VI, MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3 THE SUB INSPECTOR OF POLICE NAGAMALAI PUDUKKOTTAI POLICE STATION, MADURAI.

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

+1. CC to Mr.A.RAHMAN KHAN, Advocate SR.No.8843.

ORDER

IN CRL OP(MD) No.19055 of 2021 Date :02/12/2021 PNM MK/VR/SAR.II/08.12.2021/3P/6C 3/3