Eswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Sixth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22005 of 2015 ESWARAN ... PETITIONER / ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT.

(IN CRIME NO.592 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S M.KARUNANITHI Advocate For Respondent : M/S.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.1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 IPC in Crime No.592 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on information, the Village Administrative Officer has conducted survey on granite quarry and at that time, the second accused had stolen from the said quarry by using the tractor and based on the confession of the first accused only the petitioner's name has been implicated. 3.The learned Government Advocate submitted that the petitioner is the owner of the lorry and the second accused was arrested and he is still in custody.

4.The case of the petitioner is that the petitioner is an innocent person and the petitioner has not committed any offence. 5.Taking into considering the fact that the petitioner is the owner of the vehicle and the petitioner was not present at the time of occurrence, this Court is inclined to grant anticipatory bail to https://hcservices.ecourts.gov.in/hcservices/

the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Sivakasi, 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 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/- 26/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE SIVAKASI 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT.

RL/5C/GSV/PM/SARI/1/12/2015

ORDER

IN CRL OP(MD) No.22005 of 2015 Date :26/11/2015 https://hcservices.ecourts.gov.in/hcservices/