CRL OP(MD)/18000/2017 of A.FRANKLIN MOSES, Vs THE INSPECTOR OF POLICE, on 28 December 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

A.FRANKLIN MOSES... PETITIONER/ACCUSED No.2

Vs

STATE REPRESENTED BY

THE INSPECTOR OF POLICE, CANTONMENT POLICE STATION, CANTONMENT, TRICHY. CRIME NO.2154 OF 2017.... RESPONDENT/COMPLAINANT

For Petitioner : Mr.KARTHICK SUBRAMANIAN Advocate For Respondent : Mr.K.ANBARASAN, Government Advocate (Crl.side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police forthe alleged offence punishable under Sections 379 of IPC in CrimeNo.2154 of 2017 on the file of the respondent police, the petitionerhas come forward with this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioner andanother accused have stolen the bag of the defacto complainant fledaway from the scene of occurrence on a TVS XL Super Vehicle. Hence,the defacto complainant gave a complaint before the respondentpolice as against the petitioners.

3. The learned counsel for the petitioners submitted that thepetitioner is innocent and he has been falsely implicated in thiscase.

4. Learned Government Advocate (Crl. Side) would submit thatthe petitioner has no previous cases. He further submitted that the1[st] accused was arrested and the property involved in this case wasrecovered from him and he is still in judicial custody.

5. Considering the facts and circumstances of the case andtaking note of the fact that petitioner has no previous case and thehttps://hcservices.ecourts.gov.in/hcservices/property involved in this case has already been recovered, thisCourt is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released onbail in the event of his arrest or appearance, within a period offifteen days from the date of receipt of a copy of this order,before the Judicial Magistrate No.II, Trichy District, on hisexecuting a bond for a sum of Rs.10,000/- (Rupees Ten ThousandOnly) with two sureties each for a like sum to the satisfactionof the respondent police or the police officer who intends to arrestor to the satisfaction of the Magistrate concerned and on furthercondition that:

[a] the petitioner shall report before the respondent policedaily at 10.30 a.m. for a period of two weeks and thereafter as andwhen required for interrogation.

[b] the petitioner shall not tamper with evidence or witnesseither during investigation or trial.

[c] the petitioner shall not abscond either duringinvestigation or trial.

[d] on breach of any of the aforesaid conditions, the learnedMagistrate/Trial Court is entitled to take appropriate actionagainst the petitioner in accordance with law as if the conditionshave been imposed and the petitioner released on bail by theMagistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

sd/-

28/12/2017

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

TO

1 THE JUDICIAL MAGISTRATE II, TRICHY DISTRICT

2 -do- thro' THE CHIEF JUDICIAL MAGISTRATETRICHY DISTRICTTRICHY DISTRICT

3 THE INSPECTOR OF POLICE,CANTONMENT POLICE STATION, CANTONMENT, TRICHY.

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

+1. CC to M/S.KARTHICK SUBRAMANIAN Advocate SR.No.37119

ORDER IN

CRL OP(MD) No.18000 of 2017

Date :28/12/2017

https://hcservices.ecourts.gov.in/hcservices/sj/rmiSH/RR/SAR-3:02.01.2018:2p/6c