Arumugam v. The Inspector of Police

CRL OP(MD). No.9009 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2023 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI CRL OP(MD). No.9009 of 2023 Arumugam ... Petitioner/Accused No.1

Vs State Rep.by The Inspector of Police, Tirunelveli Taluk Police Station, Tirunelveli. Crime No.96 of 2023. ... Respondent/Complainant For Petitioner : M/s.Jegadeeshpandian.V.M., 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.96 of 2023 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 alleged offence punishable under Sections 392 & 420 of IPC, in Crime No.96 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner was arrayed as A-1 and the accused persons showing sickle and taking 5 sovereign of gold jewels and Vivo Mobile phone from the defacto complainant. Hence, the complaint.

¶3The learned counsel for the petitioner would submit that the petitioner is innocent person and he has not committed any offence as alleged by the prosecution. Hence, prays to grant anticipatory bail to the petitioner.

¶4The learned Government Advocate (Crl.Side) would submit that there is no previous case pending against the petitioner. He would further submit that except mobile phone no other properties was recovered. CRL OP(MD). No.9009 of 2023

¶5Considering the facts and circumstances of the case and also considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

¶6Accordingly, 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 Court-III, Tirunelveli 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 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 eight weeks, 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/- 18/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. KSA TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, TIRUNELVELI TALUK POLICE STATION, TIRUNELVELI. CRLeOP(MD).eNo.9009eofe2023 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.JEGADEESHPANDIAN.V.M, Advocate ( SR-7713[I] dated 19/05/2023 ) ORDER IN CRL OP(MD) No.9009 of 2023 Date :18/05/2023 RS/CG/SAR-(22.05.2023) 3P 6C