Duraisamy @ Prasanth v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17289 of 2015 DURAISAMY @ PRASANTH ..PETITIONER/ACCUSED No.1 Vs.

STATE REP.BY THE INSPECTOR OF POLICE KULITHALAI POLICE STATION KARUR DISTRICT.

CRIME NO.601\2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S V.KANNAN Advocate For Respondent : M/s.S.PRABHA, Government 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 punishable under Section 379 of the Indian Penal Code in Crime No.601 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. According to the prosecution, the petitioner along with other accused have committed theft of two goats worth of Rs.1,500/-.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case and the accused 2 and 3 were already arrested and remanded to judicial custody. It is further submitted that without prejudice to his right in the criminal case, he is ready to pay a sum of Rs.1,500/- to the defacto complainant.

4. The learned Government Advocate (Criminal Side) submitted that petitioner has no bad antecedents.

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 pay a sum of Rs.1,500/- to the defacto complainant in the presence of the respondent within a period of two weeks and the petitioner is entitled to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.1, Kulithalai and on 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 appear before the respondent police daily at 10.30 a.m., for a period of two weeks. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. https://hcservices.ecourts.gov.in/hcservices/

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/- 07/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I, KULITHALAI, KARUR DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, KARUR. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, KULITHALAI POLICE STATION, KARUR DISTRICT. +1. CC to M/S V.KANNAN Advocate SR.No.52704 ORDER IN CRL OP(MD) No.17289 of 2015 Date :07/09/2015 PBK/GSV-PM/SAR-II 09/09/2015 ::2P-6C::

https://hcservices.ecourts.gov.in/hcservices/