Navaneethakrishnan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/03/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR Navaneethakrishnan ... Petitioner/2nd Accused Vs The State by, The Inspector of Police, S.P.Pattinam Police Station, Ramnad District.
Crime No.22/2021.
... Respondent/Complainant For Petitioner : Mr.D.Venkatesh, Advocate.
For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime no. 22 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.
2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC., in Crime No.22 of 2021, on the file of the respondent police, seeks anticipatory bail.
3. The case of the prosecution is that on 13.02.2021, the petitioner stolen 2 goats, by using Maruthi Ertica car.
4. The learned counsel appearing for the petitioner submits that the petitioner is an innocent and he is nothing to do with the alleged offence.
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5. The learned Government Advocate (crl.side) appearing for the respondent Police, on instructions, would submit that on 13.02.2021, the petitioner stolen 2 goats, by using Maruthi Ertica car. Based on the complaint given by the defacto complainant, the above case has been registered and investigation is going on. The petitioner is having four previous cases of similar nature.
6. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions;
7.Accordingly, the petitioner / A2 shall draw a demand draft in favour of "The Dean, Government Ramanathapuram Medical College and Hospital, Ramanathapuram District", for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) without prejudice to his rights and contentions before the trial Court. The petitioner shall produce the proof of remittance /submission of Demand Draft, while executing sureties. On acknowledgment of the same, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruvadanai, on condition that the petitioner shall execute a bond for a sum of Rs.
(b)the petitioner shall report before the respondent police, as and when required for interrogation.
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner shall not abscond either during investigation or trial;
(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; 2/3
(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 01/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, THIRUVADANAI.
2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3.THE INSPECTOR OF POLICE, S.P.PATTINAM POLICE STATION, RAMNAD DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE DEAN, GOVERNMENT RAMANATHAPURAM MEDICAL COLLEGE AND HOSPITAL, RAMANATHAPURAM DISTRICT.
+1 CC to Mr.D.VENKATESH, Advocate ( SR-1626[I] dated 02/03/2021 )
ORDER
IN CRL OP(MD) No.3150 of 2021 Date :01/03/2021 MPK AE/JC/SAR-I (05/03/2021) 3P / 7C 3/3