Gopinath v. State

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 14.05.2020 THE HON'BLE MR.JUSTICE T.RAVINDRAN CRL.OP.No.7562 of 2020 Gopinath

...Petitioner

Vs.

State represented by Inspector of Police, Kariyapattinam Police Station, Nagapattinam District ...Respondent Prayer: Criminal Original Petition is filed under Section 438 of Cr.PC, seeking bail to the Petitioner in the event of his arrestin Crime No.16 of 2020, on the file of the respondent police.

For Petitioner :

Mr.G. Magesh Kumar For Respondent :

Mr.ShunmugaRejeswaran Government Advocate (Criminal Side)

ORDER

Apprehending arrest for the offence punishable under Section 379 IPC, r/w. Sec.21 (1) of MM Act, in Crime No. 16 of 2020, on the file of the respondent police, the petitioner/A3 has come forward with this petition seeking for Anticipatory Bail.

2. According to the prosecution, the accused involved in the crime

had lifted the sandunauthorisedly without any sanction and thereby committed the offence put forth against them.

3. Per contra, according to the petitioner's counsel, he has not committed the offence levelled against him and has been falsely implicated in the case and he had transferred the vehicle to the accused Rajeshwari, however, the transfer form has not been filled in the RTO office and thereby he had been wrongly implicated. Further the coaccused, namely, A1 and A2, had already been granted Anticipatory Bail by this court by order dated 24.02.2020 in Crl. OP No.4092 of 2020 and undertake to cooperate with the investigation and prayed for appropriate relief.

4. The learned Public Prosecutor submitted that the investigation is still pending, however, admitted that the co-accused A1 and A2 had already been granted Anticipatory Bail by this Court and left the matter to be decided by this Court.

5. Considering the nature of the accusation levelled against the petitioner and the fact that the co-accused / A1 and A2 had already been

granted Anticipatory Bail by this Court and as the petitioner is ready to cooperate with the investigation in all aspects, in all, I am inclined to grant the relief sought for by the petitioner on conditions.

6. For the reasons aforestated, the petitioner is granted Anticipatory Bail in the event of his arrest or on his appearance, within 15 days from the date of receipt of copy of this order,before the DistrictMunsifcum Judicial Magistrate, Vedaranyam, on condition of his executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand) with one surety for a like sum to the satisfaction of the respondent police or the police officer who arrests him or the aforementioned Judicial Magistrate. The petitioner is also directed to adhere to the conditions set out under Section 438 Cr.PC.

Accordingly, the Criminal Original Petition is allowed. 14.05.2020 Index : Yes/No Internet: Yes/No Bga

T.RAVINDRAN, J bga To

1. The Inspector of Police Kariyapattinam Police Station, Nagapattinam District 2.The Public Prosecutor, High Court, Madras CRL.OP. 7562 of 2020 14.05.2020