Mani v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) Nos.170 to 178 of 2019 MANI ... PETITIONER / ACCUSED RANK NOT KNOWN IN ALL PETITIONS Vs THE INSPECTOR OF POLICE, TIRUCHENDUR POLICE STATION, TIRUCHENDUR, THOOTHUKUDI DISTRICT. RESPONDENT / COMPLAINANT IN ALL PETITIONS (CRIME NO.383/2018) ... IN CRL OP(MD).NO.170/2018 (CRIME NO.384/2018) ... IN CRL OP(MD).NO.171/2018 (CRIME NO.386/2018) ... IN CRL OP(MD).NO.172/2018 (CRIME NO.387/2018) ... IN CRL OP(MD).NO.173/2018 (CRIME NO.388/2018) ... IN CRL OP(MD).NO.174/2018 (CRIME NO.389/2018) ... IN CRL OP(MD).NO.175/2018 (CRIME NO.390/2018) ... IN CRL OP(MD).NO.176/2018 (CRIME NO.391/2018) ... IN CRL OP(MD).NO.177/2018 (CRIME NO.393/2018) ... IN CRL OP(MD).NO.

178/2018 For Petitioner : MR.N.PRAGALATHAN Advocate IN ALL PETITIONS For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government 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 in all petitions apprehending arrest at the hands of the respondent police for the offence punishable under Section 379 of IPC, in Cr.Nos.383, 384, 386 to 391 & 393 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner stolen the cows belonging to the defacto complainants in all the petitions on various dates.

3.The learned counsel for the petitioner would submit that a false case has been foisted against him and he had nothing to do with the alleged crime.

4.The learned Government Advocate (Crl. Side) submits that the petitioner had stolen the cows on various dates. 5.Taking into consideration the facts of the case, this Court is inclined to grant anticipatory bail to the petitioner. 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Tiruchendur, condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two common sureties in respect of all crime numbers, each for a like sum to the satisfaction of the said Magistrate, on further condition that:

[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled.

[b] the petitioner shall deposit a sum of Rs.2,000 (Rupees Two thousand only) in respect of each crime number to the credit of the Rojavanam, Home for aged and poor, Account No.6481560540, Indian Bank, Madurai Bench of Madras High Court, Madurai. [c] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

[f] 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]. [g] If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 07/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, TIRUCHENDUR, THOOTHUKUDI DISTRICT.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT 3.THE INSPECTOR OF POLICE, TIRUCHENDUR POLICE STATION, TIRUCHENDUR, THOOTHUKUDI DISTRICT, 4.THE OFFICER INCHARGE ROJAVANAM, HOME FOR AGED AND POOR, ULAGANERI, MELUR ROAD, MADURAI.

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

+1. CC to MR.N.PRAGALATHAN Advocate SR.No.435

ORDER

IN CRL OP(MD) Nos.170 to 178 of 2019 Date :07/01/2019 AE/JC/SAR4/10.01.2019/3P/7C