Allowed

Saravanan v. The Sub Inspector of Police

Madras HC16 Jul 2021CRL OP(MD)/7734/2021

Case brief

AI extract

What is this about?

Allowed anticipatory bail to the petitioner apprehending arrest for alleged theft and robbery. Granted bail on conditions including regular reporting to police, executing a bond, and refraining from tampering with evidence or absconding.

What did the court decide?

Petitioner ordered released on bail on execution of bond with two sureties for Rs.10,000 each, subjected to conditions of daily reporting and non-absconding.

Saravanan Vs The Sub Inspector of Police — Anticipatory Bail | Madras HC (2021)

¶1

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

( Criminal Jurisdiction )

¶4

Date : 16/07/2021

¶5

PRESENT

¶6

The Hon'ble Mr.Justice G.CHANDRASEKHARAN

¶7

CRL OP(MD)No.7734 of 2021

¶8

Saravanan ... Petitioner/Sole Accused

¶9

¶10

The State Rep. by, The Sub Inspector of Police, Thiruchuli Police Station, Virudhunagar District. (Crime No.18 of 2021). ... Respondent/Complainant

¶11

For Petitioner : MR.S.Mahendrapathy, Advocate. For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side)

¶12

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

¶13

PRAYER :-

¶14

For Anticipatory Bail in Crime No.18 of 2021 on the file of the Respondent Police.

¶15

ORDER : The Court made the following order :-

¶16

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 457 and 393 IPC, in Crime No.18 of 2021, seeks anticipatory bail.

¶17

2.The case of the prosecution is that on 23.03.2021, at about 01.00 am., the accused trespassed into the house of the defacto complainant and snatched two sovereigns of gold chain. When they tried to catch him, he hit them and escaped from there. Hence, the complaint.

¶18

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated https://hcservices.ecourts.gov.in/hcservices/ in this case.

¶19

¶20

4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is pending.

¶21

5.The learned counsel for the petitioner produced an affidavit of the defacto complainant stating that she is in possession of her thali and no incident as alleged in the complaint had taken place. It appears that there is complete volte-face in the statement of the defacto complainant, than, what was informed in FIR. However, it is matter for consideration during trial. Therefore, this Court is inclined to grant anticipatory bail to the petitioner.

¶22

6.Accordingly, the petitioner is ordered to be released on 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, Tiruchuli, Virudhunagar District, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

¶23

[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.

¶24

[b] the petitioner shall report before respondent police daily at 10.30 am., until further orders.

¶25

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

¶26

[d] the petitioner shall not abscond either during investigation or trial.

¶27

[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].

¶28

[ f ]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

¶29

/ TRUE COPY /

¶30

/ /2021

¶31

https://hcservices.ecourts.gov.in/hcservices/

¶32

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

¶33

¶34

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.

¶35

¶36

THE JUDICIAL MAGISTRATE, TIRUCHULI, VIRUDHUNAGAR DISTRICT. 2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT @ SRIVILLIPUTHUR. 3. THE SUB INSPECTOR OF POLICE, THIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.7734 of 2021 Date :16/07/2021

¶37

gns

¶38

USK/VR/SAR-I : 22/07/2021 : 3P/5C

¶39

https://hcservices.ecourts.gov.in/hcservices/

Saravanan v. The Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Saravanan v. The Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mohamed Sulthan Vs The Inspector of Police

Murugan Vs The Inspector of Police

Karupasamy Vs The Sub Inspector of Police

Madasamy Vs the Director General of

Mohamed Madani Vs The Inspector of Police

Hajee Mohammed Vs The Assistant Commissioner of Police