Muthukumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/02/2021 PRESENT THE HON'BLE MR JUSTICE M.NIRMAL KUMAR Muthukumar ... Petitioner/Accused Rank Not Known Vs The State rep.by, The Inspector of Police, Pudukkottai Police Station, Thoothukudi District Crime No.514/2020. ... Respondent/Complainant For Petitioner : Mr.S.Mandhiralingeswaran, Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For an Anticipatory Bail in Crime No.514 of 2020 on the file of the respondent police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl.Side) appearing for the respondent. 2.The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Section 379 IPC., in Crime No.514 OF 2020, on the file of the respondent police, seeks anticipatory bail.
3.The case of the prosecution is that the petitioner committed an offence of theft of two goats.
4.The learned counsel for the petitioner would submit that the petitioner an innocent and a false case has been foisted against him.
5.The learned Government Advocate(Crl.Side) would submit that the petitioner involved an offence of theft of two goats and sold 1/3
out to some third parties. Further, a sum of Rs.20,000/- has been recovered from the arrested accused.
6.Taking into consideration the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
7.Accordingly, the petitioner shall draw a demand draft in favour of The Dean, Thoothukudi Medical College Hospital, Thoothukudi, for a sum of Rs.10,000/- (Rupees Ten Thousand only) without prejudice to his rights and contentions before the trial Court. The petitioner shall produce the proof of remittance / submission of Demand Draft to Dean while executing sureties. On acknowledgment of the same by the Dean, Thoothukudi Medical College Hospital, Thoothukudi, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.III, Thoothukudi, on condition that the petitioner shall execute a bond for a sum of Rs.
(b)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.
(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]; and; (f)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 08/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.THE JUDICIAL MAGISTRATE NO.III THOOTHUKUDI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI 3.THE INSPECTOR OF POLICE, PUDUKKOTTAI POLICE STATION, THOOTHUKUDI DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO: THE DEAN, THOOTHUKUDI MEDICAL COLLEGE HOSPITAL, THOOTHUKUDI.
ORDER
IN CRL OP(MD) No.1804 of 2021 Date :08/02/2021 MPK PK/SMA/SAR-III/11.02.2021 : 3P/6C 3/3