P.Ramamoorthy Pandian v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.13969 of 2015 P.RAMAMOORTHY PANDIAN ... PETITIONER/ACCUSED No.1 Vs THE STATE REP.BY ITS THE SUB INSPECTOR OF POLICE T.KALLUPATTI POLICE STATION, MADURAI DIST.

CR.NO. 144 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.N.MARIAPPAN Advocate For Respondent : M/S.S.PRABHA 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 No.1, apprehends arrest at the hands of the respondent police for the alleged offence publishable under Section 379 of the Indian Penal Code in Crime No.144 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the defacto complainant-Tamilarasan that on 27.06.2015, while he was driving a lorry from Kulithalai to Peraiyur, he stopped the lorry to take rest and at that time, accused have stolen away a cash of Rs.18,500/- and a cell phone.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent and he has not committed any offence as alleged by the defacto complainant and to show his bona fide, he is ready to deposit a sum of Rs.7,500/- to the credit of Crime No.144 of 2015 without prejudice to his right in the criminal case.

4. The learned Government Advocate (Criminal Side) would submitted that the petitioner has involved in two previous cases in both the cases, he was acquitted and the properties is not yet recovered so far.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, on condition that the petitioner shall deposit a sum of Rs.7,500/- (Rupees Seven Thousand Five Hundred only) to the credit of Crime No.144 of 2015 before the learned Judicial Magistrate, Peraiyur within a period of two weeks and on receipt of the same the petitioner is entitled to be released on bail in the event of arrest or on his appearance before the learned judicial magistrate, Peraiyur and 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 petitioner shall report before the respondent Police daily at 10.00 a.m., until further orders. The petitioner shall comply with the https://hcservices.ecourts.gov.in/hcservices/

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 made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 06/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, PERAIYUR, MADURAI DISTRICT.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PERAIYUR AT MADURAI DISTRICT.

3. THE SUB INSPECTOR OF POLICE, T.KALLUPATTI POLICE STATION, MADURAI DIST.

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

+1. CC to M/S.N.MARIAPPAN Advocate SR.No.44725

ORDER

IN CRL OP(MD) No.13969 of 2015 Date :06/08/2015 GJM/PRV/SAR-II -10.8.2015 2P/6C https://hcservices.ecourts.gov.in/hcservices/