Balamurugan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI BALAMURUGAN ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs THE SUB INSPECTOR OF POLICE ERIODU POLICE STATION, DINDIGUL DISTRICT.

CRIME NO.252/2023. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.ARUL JENNIFER.A Advocate For Respondent : MR.S.MANIKANDAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO.252/2023 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/Accused Rank Not Known, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 379 of IPC, in Crime 1/5

No.252 of 2023, seeks anticipatory bail.

2.The case of the prosecution is that the copper wire in the agricultural land of the defacto complainant were stolen by the accused persons. Thereby, the defacto complainant made a complaint before the Law Enforcing Agency. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the name of the petitioner was not mentioned in the FIR. He purchased the copper wires from A2 without having knowledge that it was stolen property. Hence, he prayed for granting anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent police submitted that the petitioner is the receiver of the stolen property. The stolen property is not yet recovered. Hence, he vehemently, opposed to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner purchased the copper wires from A2 without having knowledge that it was stolen property., 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 2/5

arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Vedachandoor, Dindigul District, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b) the sureties shall affix his photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity;

(c) the petitioner shall report before the respondent police daily at 10.30 a.m, until further orders;

(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 3/5

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; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 05/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS TO THE JUDICIAL MAGISTRATE, VEDACHANDOOR, DINDIGUL DISTRICT.

DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

THE SUB INSPECTOR OF POLICE ERIODU POLICE STATION, DINDIGUL DISTRICT.

4/5

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

+1. CC to M/S.ARUL JENNIFER.A Advocate SR.No.3199(F) DT: 05/02/2024

ORDER

IN Date :05/02/2024 PKP/JGB/SAR /09.02.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5