Velu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21903 of 2015 VELU ... PETITIONER/ ACCUSED No.2 Vs STATE REP. BY THE INSPECTOR OF POLICE MANDALAMANICKAM POLICE STATION, RAMANATHAPURAM DISTRICT (CRIME NO.67 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : Mr.G.MARIMUTHU Advocate For Respondent : Mr.K.ANBARASAN 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.2, in Crime No.67 of 2015 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379(NP) of the Indian Penal Code and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 06.11.2015, the defacto complainant has given a complaint stating that some unknown persons took away his goat.

3. The learned counsel for the petitioner would submit that the value of the goat is Rs.2,000/-. During the investigation, the respondent Police arrested accused No.3/Vigneswaran and on the basis of the confession statement given by him, this petitioner and another accused has been implicated in this case. A sum of Rs.1,700/- was recovered from accused No.3.

4. The learned Government Advocate (Criminal Side) submitted that three goats were found missing and the value of the goats are more than Rs.10,000/- and accused No.3 was arrested and he is in judicial custody.

5. The learned counsel for the petitioner submitted that he is ready and deposit a sum of Rs.5,000/- to the credit of Crime No.67 of 2015 before the learned District Munsif cum Judicial Magistrate, Kamuthi.

6. 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 deposit a sum of Rs.5,000/- (Rupees Five https://hcservices.ecourts.gov.in/hcservices/

Thousand only) to the credit of Crime No.67 of 2015 before the learned District Munsif cum Judicial Magistrate, Kamuthi within a period of two weeks and on receipt of the same, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned District Munsif cum Judicial Magistrate, Kamuthi 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 a.m., until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 25/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KAMUTHI. 2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT. 3 THE INSPECTOR OF POLICE MANDALAMANICKAM POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.MARIMUTHU Advocate SR.No.67427

ORDER

IN CRL OP(MD) No.21903 of 2015 Date :25/11/2015 NS/NGM-SS/SAR II/26.11.2015 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/