R.Senthurpandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of March Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE P.N.PRAKASH CRL OP(MD) No.4242 of 2015 R.SENTHURPANDI ... PETITIONER/ACCUSED NO.6 Vs THE INSPECTOR OF POLICE K.PARAMATHI POLICE STATION, KARUR DISTRICT, (CRIME NO. 179 OF 2014) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.S.GOKULRAJ Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.179 of 2014 on the file of the respondent police for offence under Section 381 of I.P.C., the petitioner is now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioner.

3. It is the case of the prosecution that one Suresh Kumar (A1) who was working in the company of the de-facto complainant had stolen 16 lakhs worth of ornaments from the textile shop of the de-facto complainant. All the accused have been arrested and the properties have been recovered. The arrested accused have also been released on bail and this petitioner has been implicated in this case based on the confession statement of one of the arrested accused, who has stated that this petitioner was also part of the conspiracy to commit theft of the gold ornaments from the shop of the de-facto complainant. There is no previous case against the petitioner.

4. Under such circumstances, this Court is of the view that this is a fit case for granting anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Karur 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, (a) the petitioner shall report before the respondent police daily at 10.30 a.m. and 5.30 p.m. for a period of four weeks and thereafter as and when required for interrogation.

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[b] the petitioner shall give their thumb impression, specimen signatures and handwritings.

[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].

[f] The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl.side), whether the petitioner is complying with the order or not. sd/- 09/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.II, KARUR.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, KARUR.

3. THE INSPECTOR OF POLICE K.PARAMATHI POLICE STATION, KARUR DISTRICT,

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

+1. CC to M/S.S.GOKULRAJ Advocate SR.No. 11229 SR : 12.03.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.4242 of 2015 Date :09/03/2015 https://hcservices.ecourts.gov.in/hcservices/