Madras High CourtCRL OP(MD)/917/2022allowed

Karuppusamy v. The Inspector Of Police

2022-01-20Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.917 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.917 of 2022 Karuppusamy ... Petitioner/Accused No.3 Vs The State rep.by The Inspector of Police, Devipatinnam Police Station, Ramanathapuram District.

Crime No.347/2021.

... Respondent/Complainant For Petitioner : M/s.SATHYA CHIDAMBARAM.S, Advocate.

For Respondent : Mr.S.MANIKANDAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.347 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 IPC in Crime No.347 of 2021 on the file of the respondent police, seeks anticipatory bail.

2. The case against the petitioner is that a goat was stolen by Accused No.1 and two others. A complaint was registered in Crime No.347 of 2021. The petitioner is Accused No.3. 3.On the side of the petitioner it is stated that the name of the petitioner was not mentioned in the FIR. Only the name of the Accused No.1 was stated in the FIR. The goat was already recovered. The petitioner is not having any previous case. Accused No.2 and 8 were already released on bail and prayed the petitioner to be released on anticipatory bail.

4.On the side of the prosecution it is stated that after the confession statement of Accused No.2 five more accused were included in the case. Accused No.2 and 8 were arrested and released on bail. The other accused persons were absconded. The stolen goat was recovered from Accused No.2. It is fairly admitted that there is no previous case against the petitioner.

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CRL OP(MD). No.917 of 2022 5.It is seen that there is no previous case against the petitioner and the co-accused were already released on bail. In view of the same, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.I, Ramanathapuram, on condition that the petitioner shall execute 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 a.m. for a period of one month. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner 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/- 20/01/2022 / 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 NO.I, RAMANATHAPURAM. 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE, DEVIPATINNAM POLICE STATION, RAMANATHAPURAM DISTRICT.

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

ORDER IN CRL OP(MD) No.917 of 2022 Date :20/01/2022 SA/PN/SAR.1/25.01.2022/2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2