Balamurugan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12633 of 2015 1 BALAMURUGAN 2 SENTHILKUMAR ... PETITIONERS/ACCUSED A5 &A7 Vs STATE REP BY THE INSPECTOR OF POLICE R.S. MANGALAM POLICE STATION, RAMANATHAPURAM DISTRICT, (CRIME ANO.49 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.MURUGAN Advocate For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A.5 and A.7 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 457 and 380 I.P.C. in Crime No.49 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.According to the prosecution, on 17.04.2015, the accused broke open the brandy shop and taken away twenty bottles, worth about of Rs.10,225/-.

3.The learned Counsel for the petitioners submitted that apart from these petitioners, the other accused in this case were arrested and released on bail. The learned Counsel further submitted that the petitioners are implicated only based on the confession given by the co-accused.

4.The learned Government Advocate (Crl.Side), on instructions, submitted that the petitioners have one previous case and other coaccused were arrested and released on bail. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

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

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thiruvadanai and on each of them 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 on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m., until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

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

sd/- 07/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE THIRUVADANAI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE R.S. MANGALAM POLICE STATION, RAMANATHAPURAM DISTRICT, +1. CC to M/S.R.MURUGAN Advocate SR.No.36643 RL/6C - 10/7/2015

ORDER

IN CRL OP(MD) No.12633 of 2015 Date :07/07/2015 https://hcservices.ecourts.gov.in/hcservices/