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Madras High CourtCRL OP(MD)/5077/2018granted

K. Sakthivel v. The Inspector Of Police

2018-04-03Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of April Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5077 of 2018 K. SAKTHIVEL ... PETITIONER / ACCUSED rank not known Vs THE STATE REP. BY THE INSPECTOR OF POLICE, TALUK POLICE STATION, RAMNAGAR, DEVAKOTTAI, SIVAGANGAI DISTRICT, IN CR.NO. NOT KNOWN OF 2018.

... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MUTHUKUMAR Advocate For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, apprehending arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC in Crime No.67 of 2018, on the file of the respondent police, seeks anticipatory bail.

2.The petitioner herein has stolen two cows of the defacto complainant. As a result, a quarrel arose between the petitioner and the defacto complainant. The defacto complainant lodged a complaint against the petitioner. In this regard, a case in Crime No.67 of 2018, has been registered against the petitioner on the file of the Inspector of Taluk Police Station, Ramnagar, Devakottai, Sivagangai District 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any of the offences as alleged by the prosecution. 4.The learned Government Advocate (Crl.side) appearing for the State submitted that the investigation is still pending and there was a previous case pending against the petitioner. https://hcservices.ecourts.gov.in/hcservices/

5.Taking note of the nature of allegation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Devakottai and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 03/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI, SIVAGANGAI DISTRICT.

2 DO THOUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, TALUK POLICE STATION, RAMNAGAR, DEVAKOTTAI, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.S.MUTHUKUMAR Advocate SR.No.59640.

ORDER

IN CRL OP(MD) No.5077 of 2018 Date :03/04/2018 https://hcservices.ecourts.gov.in/hcservices/ SDS/CM:VR/SAR.1/05.04.2018/2P/6C