P.Vellaisamy v. The Inspector Of Police

CRL OP(MD). No.184 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07/01/2022 PRESENT The Hon'ble Mrs.Justice R.THARANI CRL OP(MD). No.184 of 2022 P.VELLAISAMY ... PETITIONER/ACCUSED RANK NOT KNOWN VS THE STATE REP. BY, THE INSPECTOR OF POLICE, PULIANGUDI POLICE STATION, PULIANGUDI, TENKASI DISTRICT.

(CRIME NO.606 OF 2021). ... RESPONDENT/COMPLAINANT For Petitioner : Mr.T.Pon Ramkumar, Advocate. For Respondent : Mr.R.M.Sethurman, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 606 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 457, 380 IPC, in Crime No.606 of 2021, seeks anticipatory bail. 2.The case against the petitioner is that the defacto complainant is running a shop in the commercial complex that belongs to Hindu Uravinmurai Mahamai Committee. On 26.12.2021, at about 5.00AM, the shop was illegally broke open and there was theft of Rs.30,500/-. The case in Crime No.606 of 2021 was registered against the petitioner. The petitioner filed this petition for anticipatory bail.

3.On the side of the petitioner, it is stated that the petitioner was roped into this case, based on the confession of coaccused. This alleged occurrence is due to some tenancy right over the shop, that belongs to Hindu Uravinmurai Mahamai Committee. There is no specific overt act against this petitioner. Hence, prays to release him on anticipatory bail.

4.On the side of the respondent, it is stated that there was dispute between the parties with regard to tenancy right over the shop and there is no previous case against the petitioner. https://hcservices.ecourts.gov.in/hcservices/

CRL OP(MD). No.184 of 2022 5.In view of the submissions made by both sides and considering the nature of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate, Sivagiri, and 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 learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 am, until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 07/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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.

TO

1. THE JUDICIAL MAGISTRATE, SIVAGIRI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, PULIANGUDI POLICE STATION, PULIANGUDI, TENKASI DISTRICT.

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

+1. CC to M/S.PON RAMKUMAR T Advocate SR.No.1157. ORDER IN CRL OP(MD) No.184 of 2022 Date :07/01/2022 USK/JC/SAR-IV/11.01.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/