Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/01/2023 PRESENT The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA Saravanan ... Petitioner/Accused Rank Not Known Vs The State rep.by The Inspector of Police, Thennilai Police Station, Karur District.

in Crime No.4/2023.

... Respondent/Complainant For Petitioner : M/s.Joseph Jerry A, Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.4/2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the offences punishable under Sections 427 and 379 of IPC in Crime No.4 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution, as per the de-facto complainant, is that the petitioner has caused damage to the tank bund and committed theft of 15 live trees from the Government land. Hence, the complaint.

3.The learned Counsel for the petitioner would submit that the petitioner is an innocent and a false complaint has been given. He would also submit that the petitioner is the Owner cum Operator of JCB Vehicle and he was engaged by one Ramalingam, who is the Former President of the Village Panchayat. He has nothing to do with the alleged offence and he is not a beneficiary of transaction. The said Ramalingam has also been granted anticipatory bail with a condition to deposit Rs.1 lakh to the credit of Crime Number. Hence, prays for anticipatory bail to the petitioner. 1/3

4.The learned Government Advocate (Crl.side) would submit that the petitioner along with other accused had committed theft of 15 live trees weighing 25 tons worth of Rs.3,00,00/-. He would oppose for grant of anticipatory bail to the petitioner. 5.Taking into consideration the facts and submissions and also on perusing the materials available on record including the F.I.R., and also in view of the fact that co-accused has already been granted anticipatory bail, 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 on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate No.

1, Aravankkuruchi, Karur District, on condition that the petitioner shall execute a bond for a sum of Rs.

[a] the petitioner and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.

[b] the petitioner shall report before the respondent police everyday at 10.30 a.m., for a period of two weeks and thereafter, every Saturday at 10.30 am until further orders. [c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 19/01/2023 / TRUE COPY / /01/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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PNM TO 1 THE JUDICIAL MAGISTRATE NO.I, ARAVANKKURUCHI, KARUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

3 THE INSPECTOR OF POLICE, THENNILAI POLICE STATION, KARUR DISTRICT.

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

+1. CC to M/S.JOSEPH JERRY A Advocate SR.No.791

ORDER

IN CRL OP(MD) No.967 of 2023 Date :19/01/2023 SA/SSS/SAR.3/31.01.2023/3P/6C 3/3