Madras High CourtCRL OP(MD)/19217/2015allowed

Devendra Raja v. The Insepector Of Police

2015-10-06Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19217 of 2015 DEVENDRA RAJA ..PETITIONER/ACCUSED No.2 Vs.

STATE REP.BY THE INSEPECTOR OF POLICE PALAYAMKKOTTAI (CRIME) POLICE STATION, THIRUNELVELI CITY.

CRIME NO.713/2015 ..RESPONDENT/COMPLAINANT For Petitioner : M/S K.SUNDARAVEL 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 arrayed as A2, apprehends arrest at the hands of the respondent police for an alleged offences punishable under Section 379 of IPC in Crime No.713 of 2015, on the file of the respondent police, seeks anticipatory bail.

2. According to the de facto complainant that on 19.09.2015 at 3.00 pm the accused 1 and 2 have stolen his two Cell phones from his Two wheeler, parking nearby the Law College at Thirunelveli.

3. The learned counsel for the petitioner submitted that on 19.09.2015, the petitioner and his friends were playing cricket nearby Law college and there was a dispute between the petitioner's friends and the other group, for dividing the area. The learned counsel further submitted that the petitioner is an Engineering Graduate and he is coming from the respective family and he has been falsely roped in this case. It is further submitted that the first accused was arrested and released on bail and the Cell phones of the de facto complainant was recovered from the first accused.

4. The learned Government Advocate (Crl. Side) would submit that the petitioner has no previous bad antecedents.

5. Considering the facts and circumstances of the case and also considering the fact that the petitioner has no previous bad antecedents, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate-I, Thirunelveli, 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 10.00 am for a period of two weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the condition 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/- 06/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSEPECTOR OF POLICE, PALAYAMKKOTTAI (CRIME) POLICE STATION, THIRUNELVELI CITY.

+1. CC to M/S.M.KARTHIKEYA VENKATACHALAPATHI,Advocate SR.No.58881 ORDER IN CRL OP(MD) No.19217 of 2015 Date :06/10/2015 PBK/SK-SKN/SAR-I 08/10/2015 ::2P-6C::

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