CRL OP(MD)/23259/2022 of Thangapandi Vs The Inspector of Police on 28 December 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

PRESENT

Thangapandi ... Petitioner/Accused Rank not known

Vs

The State rep.by,The Inspector of Police, Samayanallur Police Station,Madurai District, (Crime No.240 of 2022). ... Respondent/Complainant PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

PRAYER :-

For Anticipatory Bail in Crime No.240 of 2022 on the file ofthe Respondent Police.

The petitioner/accused, who apprehends arrest at the hands of therespondent police for the offence punishable under Section 394 ofIPC, in Cr.No.240 of 2022, seeks anticipatory bail.

2.The case of the prosecution is that on 11.12.2022, at about11.00 p.m, when the defacto complainant proceeding towards his home,2 unknown persons waylaid him and demanded money. When the same wasrefused, they said to have assaulted him and robbed a sum ofRs.3,000/-. Hence, the complaint.

3.The learned counsel for the petitioner would submit thatthepetitioner is innocent and he has not committed any offence ashttps://www.mhc.tn.gov.in/judisalleged by the prosecution. He would further submit that recovery was made only from A1. Based upon the confession statement of A2,the petitioner was implicated in this case. Further, the injured wasdischarged from the hospital. Hence, he prays for grant ofanticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor would submit that A1was already arrested and still in custody. He would further submitthat robbed money was recovered and the injured was discharged fromthe hospital.

5.Considering the facts and circumstances of the case and alsoconsidering the facts that the injured was discharged from thehospital and robbed money was recovered from the accused, this Courtis inclined to grant anticipatory bail to the petitioner withcertain conditions.

6.Accordingly, the petitioner is ordered to be released on bailin the event of arrest or his appearance, within a period of fifteendays from the date of receipt of a copy of this order, before thelearned Judicial Magistrate, Vadipatti, on condition that thepetitioner shall execute a bond for a sum of Rs.10,000/-(Rupees TenThousand only) with two sureties, each for a like sum to thesatisfaction of the respondent Police or to the Police Officer, whointends to arrest or to the satisfaction of the learned Magistrateconcerned and on further conditions that:

(a)the petitioner and the sureties shall affix theirphotographs and left thumb impression in the surety bond and theMagistrate may obtain a copy of their Aadhar card or Bank pass Bookto ensure their identity; (b)the petitioner shall report before the respondent policedaily at 10.30 am until further orders.

(c)the petitioner shall not tamper with evidence or witnesseither during investigation or trial; (d)the petitioner shall not abscond either during investigationor trial; (e)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 the learnedMagistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

CRL OP(MD). No.23259 of 2022

(f)if the accused thereafter absconds, a fresh FIR can beregistered under Section 229-A IPC. sd/- 28/12/2022

/ TRUE COPY /

29/12/2022

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

dss

TO

1.THE JUDICIAL MAGISTRATE, VADIPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, SAMAYANALLUR POLICE STATION, MADURAI DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.R.PON KARTHIKEYAN, Advocate ( SR-15620[I] dated28/12/2022 )