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Madras High CourtCRL OP(MD)/22440/2015ordered

Pachaipal@Thangapandi v. The Inspector Of Police

2015-11-27Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22440 of 2015 1 PACHAIPAL @ THANGAPANDI 2 KASI ... PETITIONERS/ACCUSED NOS.1&2 Vs THE STATE REP BY ITS THE INSPECTOR OF POLICE T.KALLUPATTI POLICE STATION, MADURAI DISTRICT.

(CRIME NO.217 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S N.MARIAPPAN 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 petitioners, who are arrayed as accused Nos.1 & 2, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 379 IPC, in Crime No.217 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that on 04.11.2015 the petitioners are stolen the buffaloes belonging to the defacto complainant worth about Rs.8,000/- and sold to the third party and on her complaint a case has been registered for the above said offences.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) submitted that on 07.11.2015 the buffaloes were recovered from one Valli. 5.Considering the facts and circumstances of the case and also considering the fact that on 07.11.2015 the buffaloes were recovered from one Valli, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Peraiyur and on each of them 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 https://hcservices.ecourts.gov.in/hcservices/

and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m., for a period of two weeks and thereafter as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. The petitioners 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/- 27/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE PERAIYUR 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE T.KALLUPATTI POLICE STATION, MADURAI DISTRICT.

+1. CC to M/S N.MARIAPPAN Advocate SR.No.68113 RL/6C/GSV/PM/SARI/1/12/2015

ORDER

IN CRL OP(MD) No.22440 of 2015 Date :27/11/2015 https://hcservices.ecourts.gov.in/hcservices/