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Madras High CourtCRL OP(MD)/24190/2015ordered

Vainaperumal @ Nambiar v. The Inspector Of Police

2015-12-18Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighteenth day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.24190 of 2015 1 VAINAPERUMAL @ NAMBIAR 2 RAMACHANDRAN 3 ARUMUGA NAINAR 4 MARIAPPAN ... PETITIONERS / ACCUSED A1 to A4 Vs State rep.by THE INSPECTOR OF POLICE SATHANKULAM POLICE STATION, THOOTHUKUDI DISTRICT.

[CR.NO. 487 OF 2015] ... RESPONDENT / COMPLAINANT For Petitioner : M/S K.MAHALAKSHMI 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 petitioners, who are arrayed as accused Nos.1 to 4, in Crime No.487 of 2015 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 448, 427 and 379 of the Indian Penal Code and hence, seek anticipatory bail.

2.The case of the prosecution is that on 22.10.2015, the petitioners broke open the motor-shed of the defacto complainant and took 5 hp electric wires and urea fertilizer bags, worth about Rs.32,500/-. 3.The case of the petitioners is that they are innocent and they have not committed any offence as alleged by the prosecution. The property belongs to A2 to A4 and it is not belonged to the defacto complainant.

4.Heard the learned Government Advocate (Criminal Side). https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, 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, Sathankulam, Thoothukudi District 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 and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions 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/- 18/12/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SATHANKULAM, THOOTHUKUDI DISTRICT 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT 3 THE INSPECTOR OF POLICE SATHANKULAM POLICE STATION, THOOTHUKUDI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S K.MAHALAKSHMI Advocate SR.No.72759 sm:pm-mp:SAR I:21.12.2015:2p/6C

ORDER

IN CRL OP(MD) No.24190 of 2015 Date :18/12/2015 https://hcservices.ecourts.gov.in/hcservices/