C.Varadharaj, Aged 34 Years v. State Represented By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
( Criminal Jurisdiction ) Monday, the Twentieth day of November Two Thousand Seventeen PRESENT The Hon`ble Mr Justice N. AUTHINATHAN CRIMINAL ORIGINAL PETITION No.24856 of 2017 C.VARADHARAJ, [ PETITIONER / ACCUSED ] Vs STATE REPRESENTED BY [ RESPONDENT ] THE INSPECTOR OF POLICE, THIRUKAZHUKUNDRAM POLICE STATION, KANCHIPURAM DISTRICT.
CR.NO.596 OF 2017.
For Petitioner : M/S.T.V.G.KARTHEEBAN Advocate For Respondent : MR. B.RAMESH BABU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner seek anticipatory bail under section 438 of Cr.P.C. for the alleged offences under Sections 430 and 379 IPC in Cr.No.596 of 2017 on the file of the respondent police.
2. Heard both sides.
3. According to the prosecution, the petitioner is alleged to have stolen 1⁄2 unit of sand and transported the same in a tipper lorry bearing Reg. No.TN04X 2679.
4. The learned counsel for the petitioner would submit that the petitioner is the owner of the vehicle and he has nothing to do in this case and he has no previous case against him. He has been falsely implicated in this case. He further submitted that the driver of the vehicle was arrested and therefore, the petitioner may be granted anticipatory bail.
5. The learned Government Advocate (Crl. Side) would submit that the driver was arrested and the vehicle has been seized.
6. Having regard to the nature of allegation against the petitioner and taking note of the fact that the driver has been arrested and the petitioner has no previous case against him and as it is not stated that the custodial interrogation of the petitioner is required, I am inclined to grant anticipatory bail to the
petitioner subject to the following conditions :-
7. (i) Anticipatory bail is granted.
(ii) The petitioner is ordered to be released on bail in the event of his arrest or appearance before the learned District Munsif cum Judicial Magistrate, Thirukazhukundram, within a period of fifteen days from the date of receipt of a copy of this order on his executing 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 said Magistrate.
(iii) The petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.
-sd/- 20/11/2017 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.
TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUKAZHUKUNDRAM.
2 THE CHIEF JUDICIAL MAGISTRATE CHENGALPET. [FOR INFORMATION] 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.
4 THE INSPECTOR OF POLICE, THIRUKAZHUKUNDRAM POLICE STATION, KANCHIPURAM DISTRICT.
+1 CC to M/S.T.V.G.KARTHEEBAN Advocate on payment of necessary charges-Sr.21225 CRL OP.24856/2017 Date :20/11/2017 ths : 24.11.2017