Kannan v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.12.2024 PRESENT The Hon`ble Mr.Justice N.ANAND VENKATESH Kannan ... Petitioner/Accused Rank not known Vs The Inspector of Police, Railway Protection Force Police Station, (Trichy Railways), Virudhunagar, Virudhunagar District.

(Crime No.30 of 2024) ... Respondent/Complainant For Petitioner :

Mr.S.Senthil Sankara Natha Kumar, Advocate For Respondent :

Mr.A.Albert James Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.30 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/accused rank not known, who apprehends arrest at the hands of the respondent police for the offences punishable under sections 305(C) of BNS in Crime No.30 of 2024 on the file of the respondent police, seeks anticipatory bail. 1/5

2.The case of the prosecution is that the defacto complainant and his friend were travelling in a train and at that time, the laptop belonging to the defacto complainant went missing. Ultimately, it was found that the accused persons were involved in steeling the laptop bag. There are two accused persons in this case and the petitioner has been arrayed as A1.

3.The learned Government Advocate (Crl.side) submitted that the investigation has been completed and the police report has been filed on 20.10.2024 before the Judicial Magistrate No.I, Virudhunagar and the same is yet to be taken on file. In the police report, the petitioner has been shown to be an absconding accused. He further submitted that there are five previous cases against the petitioner and all these cases are similar in nature.

4.Heard the learned appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent Police. 5.Taking into consideration the facts and circumstances of the case and also considering the fact that the investigation has been completed and the police report has already been filed before the learned Judicial Magistrate No.I, Virudhungar, there shall be a direction to the learned Judicial Magistrate No.I, Virudhunagar to take the police report on file and act upon the same within period of four weeks from the date of receipt of a copy of this order. Since the investigation has been completed, this 2/5

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 anticipatory 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 No.1, Virudhunagar on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only), each with two sureties, each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, on further condition that: [a] if the petitioner fails to surrender before the said Magistrate within a period of fifteen days, this order shall stand automatically cancelled. [b] the petitioner shall report everyday at 10.30 a.m., before the Judicial Magistrate No.1, Virudhunagar and 05.30 p.m., before the respondent police until further orders.

[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 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]; and; [f] if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 20/12/2024 / TRUE COPY / /01/2025 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

ta TO 1 THE JUDICIAL MAGISTRATE NO.I, VIRUDHUNAGAR. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.

3 THE INSPECTOR OF POLICE, RAILWAY PROTECTION FORCE POLICE STATION, (TRICHY RAILWAYS), VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.S.SENTHIL SANKARANATHA KUMAR, Advocate ( SR-15756[I] dated 20/12/2024 ) 4/5

ORDER

IN CRL OP(MD) No.22711 of 2024 Date :20/12/2024 RS/SKN/SAR-(02.01.2025) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5