R. Satish Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5349 of 2018 1 R.SATISH KUMAR 2 A.PAVUNRAJ ... PETITIONER/1st,2nd ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE SIVAGIRI POLICE STATION, SIVAGIRI TALUK, TIRUNELVELI DISTRICT.

IN CR.NO. 107 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.C.BASKARAN, Advocate For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offence punishable under Section 379 IPC, in Crime No.107 of 2018, seek anticipatory bail. 2.The case of the prosecution is that the respondent police has intercepted the first petitioner while taking few units of sand from the Periyakulam Tank with the help of the second petitioner's vehicle. On complaint, a case has been registered for the abovesaid offence.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offences as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) submitted that the stolen property has been recovered and there is no previous case registered against the petitioners.

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5.Taking note of the above facts and circumstances, 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, Sivagiri, 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 petitioners 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 shall stand dismissed.

sd/- 06/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SIVAGIRI, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE SIVAGIRI POLICE STATION, SIVAGIRI TALUK, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.C.BASKARAN Advocate SR.No.5670

ORDER

IN CRL OP(MD) No.5349 of 2018 Date :06/04/2018 PK/PN/SAR-2/10.04.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/