Madras High CourtCRL OP(MD)/1575/2019granted

K. Thangadurai, S/O.Kebendran v. The Sub Inspector Of Police,

2019-02-01Honourable Mr Justice P. Rajamanickam5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the First day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) Nos.1575, 1576,1577,1578,1579,1580,1581,1582, 1583,1584,1585,1586,1587 and 1588 of 2019 K. THANGADURAI, ... PETITIONER / 2nd ACCUSED IN CRL OP(MD).NOS.1575 & 1586 of 2019 ... PETITIONER /ACCUSED IN CRL OP(MD).NOs.1576 & 1580 of 2019 ... PETITIONER /ACCUSED (RANK NOT KNOWN) IN CRL OP(MD).NOs.1577,1578,1581,1582, 1583,1589,1587 of 2019 ... PETITIONER/1ST ACCUSED IN CRL OP(MD).NOs.1579,1584,1588 of 2019 Vs THE STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE, BHEL POLICE STATION, ... RESPONDENT / COMPLAINANT IN CRL OP(MD).NOs.1575,1579,1580,1586/2019 (CRIME NO.19 OF 2015) IN CRL OP(MD).NO.1575 of 2019 (CRIME NO.97 OF 2015) IN CRL OP(MD).NO.

1579 of 2019 (CRIME NO.57 OF 2015) IN CRL OP(MD).NO.1580 of 2019 (CRIME NO.20 OF 2015) IN CRL OP(MD).NO.1586 of 2019 THE STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE, SESSIONS COURT POLICE STATION, (CRIME NO.440 OF 2014) ... RESPONDENT / COMPLAINANT IN CRL OP(MD).NO.1576 of 2019 THE STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE, FORT POLICE STATION, ... RESPONDENT / COMPLAINANT IN CRL OP(MD).NOs.1577 & 1587/2019 (CRIME NO.240 OF 2014) IN CRL OP(MD).NO.1577 of 2019 (CRIME NO.119 OF 2015) IN CRL OP(MD).NO.

THE STATE REPRESENTED BY THE SUB INSPECTOR OF POLICE, CANTONMENT POLICE STATION, TRICHY. RESPONDENT / COMPLAINANT IN CRL OP(MD).Nos.1578,1581 TO 1583 & 1585/2019 (CRIME NO.164 OF 2015) IN CRL OP(MD).NO.1578 of 2019 (CRIME NO.196 OF 2015) IN CRL OP(MD).NO.1581 of 2019 (CRIME NO.146 OF 2015) IN CRL OP(MD).NO.1582 of 2019 (CRIME NO.155 OF 2015) IN CRL OP(MD).NO.1583 of 2019 (CRIME NO.189 OF 2015) IN CRL OP(MD).NO.1585 of 2019 THE STATE REPRESENTED BY SPECIAL SUB INSPECTOR OF POLICE, ARIYAMANGALAM POLICE STATION, ... RESPONDENT/COMPLAINANT IN CRL OP(MD).NOs.1584 & 1588/2019 (CRIME NO.70 OF 2015) IN CRL OP(MD).NO.1584 OF 2015) (CRIME NO.69 OF 2015) IN CRL OP(MD).NO.1588 OF 2015) For Petitioner : MR.N.SUDHAGAR NAGARAJ Advocate IN ALL PETITIONS For Respondent : MR.K.SUYAMBULINGA BHARATHI, Govt. Advocate ( Crl.

Side) IN ALL PETITIONS PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 I.P.C, in Crime No.19 of 2015 (C.C.No.163 of 2015 on the file of the learned Judicial Magistrate No.VI, Trichy), Crime No.440 of 2014 (C.C.No.92 of 2015 on the file of the learned Judicial Magistrate No.VI, Trichy), Crime No.240 of 2014 (C.C.No.219 of 2017 on the file of the learned Judicial Magistrate No.I, Trichy), Crime No.164 of 2015 (C.C.No.273 of 2015 on the file of the learned Judicial Magistrate No.II, Trichy), Crime No.97 of 2014 (C.C.No.145 of 2015 on the file of the learned Judicial Magistrate No.VI, Trichy), Crime No.57 of 2014 (C.C.No.

144 of 2015 on the file of the learned Judicial Magistrate No.VI, Trichy), Crime No.196 of 2015 (C.C.No.101 of 2018 on the file of the learned Judicial Magistrate No.II, Trichy), Crime No.146 of 2015 (C.C.No.274 of 2015 on the file of the learned Judicial Magistrate No.II, Trichy), Crime No.155 of 2015 (C.C.No.272 of 2015 on the file of the learned Judicial Magistrate No.II, Trichy), Crime No.70 of 2015 (C.C.No.188 of 2017 on the file of the learned Judicial Magistrate No.VI, Trichy), Crime No.189 of 2015 (C.C.No.100 of 2018 on the file of the learned Judicial Magistrate No.II, Trichy), Crime No.20 of 2015 (C.C.No.

on the file of the learned Judicial Magistrate No.VI, Trichy), Crime No.119 of 2015 (C.C.No.217 of 2017 on the file of the learned Judicial Magistrate No.I, Trichy), Crime No.69 of 2015 (C.C.No.164 of 2015 on the file of the learned Judicial Magistrate No.VI, Trichy) respectively, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 10.02.2015, 23.02.2018, 20.09.2014, 27.01.2015, 22.06.2014, 12.03.2014, 12.12.2014, 17.02.2015, 15.01.2015, 10.10.2014, 30.01.2015, 07.02.2015, 20.09.2014, 18.01.2015 respectively, the defacto complainants' two wheeler was found missing. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence he prayed for grant of anticipatory bail to the petitioner.

4.Heard the learned Government Advocate (Criminal Side) for the respondent.

5.Considering the facts and circumstances of the case and also considering the submissions made by the learned counsel on either side, this Court is inclined to grant anticipatory bail to the petitioner.

6.Accordingly, the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) to the Rojavanam Oldage Home, Utthangudi, Melur Main Road, Madurai and on such deposit the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of 30 days from the date of receipt of a copy of this order, even though the satisfaction Magistrate Court varies from one another, this Court directs the petitioner to appear before the learned Judicial Magistrate No.VI, Trichy, 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 said Magistrate, on further condition that:

[a] the petitioner shall appear before the concerned Magistrate Court daily at 10.30.am, until further orders. [b] if the petitioner failed to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[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 abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 01/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.1, TRICHY 2.THE JUDICIAL MAGISTRATE NO.II, TRICHY 3.THE JUDICIAL MAGISTRATE VI, TRICHY 4.DO THRO'THE CHIEF JUDICAIL MAGISTRATE, TRICHY DISTRICT.

5.THE SUB INSPECTOR OF POLICE, BHEL POLICE STATION, 6.THE SUB INSPECTOR OF POLICE, SESSIONS COURT POLICE STATION, 7.THE SUB INSPECTOR OF POLICE, FORT POLICE STATION, 8.THE SUB INSPECTOR OF POLICE, CANTONMENT POLICE STATION, 9.THE SPECIAL SUB INSPECTOR OF POLICE, ARIYAMANGALAM POLICE STATION,

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

+14. CCs to MR.N.SUDHAGAR NAGARAJ Advocate SR.No.2318 TO 2331

ORDER

IN CRL OP(MD) Nos.1575, 1576,1577,1578,1579, 1580,1581,1582,1583,1584,1585,1586,1587 and 1588 of 2019 Date :01/02/2019 AE/PN/SAR2/11.02.2019/5P/25C