Sridhar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.18105 of 2015 SRIDHAR ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE ALLINAGARAM POLICE STATION, THENI DISTRICT, (CRIME NO.449 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S M.SUBASH BABU Advocate For Respondent : M/S.S.PRABHA, Govt. 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.3, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 394 of I.P.C., in Crime No.449 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 19.07.2015, when the de-facto complainant has parked his lorry bearing Registration No.TN69 H 1473 at Theni, the accused had taken away Rs.2,000/- and a cell phone at knife point from the de-facto complainant.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that he is pursuing B.E., Civil Engineering at P.A. College of Engineering and Technology, Pollachi, Coimbatore District and on the date of occurrence, he was in the hospital and it is further submitted that the petitioner is implicated based on the confession of the co-accused.

4. The learned Government Advocate (Crl.side) submitted that A1 and A2 were already arrested and released on bail and the 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 with certain conditions. Accordingly, the petitioner is ordered to be https://hcservices.ecourts.gov.in/hcservices/

released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, Theni and on his 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 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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/- 21/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THENI.

2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE THENI.

3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE ALLINAGARAM POLICE STATION,THENI DISTRICT.

+1. CC to M/S M.SUBASH BABU Advocate SR.No.55815

ORDER

IN CRL OP(MD) No.18105 of 2015 Date :21/09/2015 rg.25.09.2015/SK/SKN/SAR-II 2P/6C https://hcservices.ecourts.gov.in/hcservices/