← Library
Madras High CourtCRL OP(MD)/137/2015ordered

M.Gokul @ Gokula Krishnan v. The Sub Inspector Of Police

2015-01-09Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.137 of 2015 1 M.GOKUL @ GOKULA KRISHNAN 2 BHARATH ... PETITIONERS/ACCUSED NO.2 & 3 Vs THE STATE REP BY THE SUB INSPECTOR OF POLICE IDAYAKOTTAI POLICE STATION, DINDIGUL DISTRICT.

CR. NO. 99/2014. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.A.CHANDRA KUMAR Advocate For Respondent : Mr.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.99 of 2014, on the file of the respondent police for offence under Section 379 (cattle theft) of IPC, the petitioners/A2 and A3 are now before this Court seeking Anticipatory Bail.

2. It is the case of the prosecution that the petitioners have committed theft of cattle (goats) worth about Rs.12,000/-.

3. The learned Government Advocate (crl. side) would submit that the goats have been recovered. The first accused has been arrested and there is no previous case against the petitioners.

4. In such circumstances, I am inclined to grant anticipatory bail to the petitioners, but with conditions.

5. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance before the learned Judicial Magistrate, Oddanchatram on executing a separate 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, https://hcservices.ecourts.gov.in/hcservices/

(a) The petitioners shall report before the respondent police twice a day daily at 10.30 a.m. and 6.30p.m. for a period of four weeks and thereafter as and when required for interrogation. [b] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioners shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 09/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, ODDANCHATRAM 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT 3 THE SUB INSPECTOR OF POLICE IDAYAKOTTAI POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to M/S.A.CHANDRA KUMAR Advocate SR.No.1107

ORDER

IN CRL OP(MD) No.137 of 2015 Date :09/01/2015 NA/13/01/2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/