Senthilvel, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Nineteenth day of September Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.11975 of 2017 SENTHILVEL, ... PETITIONER / ACCUSED (RANK NOT KNOWN) Vs STATE REP.BY THE INSPECTOR OF POLICE, USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT. (CRIME NO.62 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.KARTHIKEYA VENKITACHALPATHY Advocate For Respondent : Mr.A.Ramar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A3, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 IPC., in Crime No.62 of 2016, seeks anticipatory bail.

2. The case of the prosecution is that a TATA Victa car, which was found missing from the house of the de-facto complainant and the same was seized from the first accused as per the confession given by A1.

3. The learned counsel appearing for the petitioner states that the petitioner is implicated as accused in this case on the basis of confession given by A1. He further submitted that the petitioner is a business man and he is doing business associated with leading vehicle finance companies like Daimler Finance, Hinduja Leyland Finance, Sri Equipment Finance, Shriram Transport Finance Company for the past several years and earning good reputation among the finance companies. He would further submit that since the petitioner is associated with Shiram Transport Finance Company where the above said A1 was working for sometime and due to his performance, he was removed from the said company and the petitioner is associated with many vehicle finance companies as authorized collection and recovery agent in the name of 'Shri Velu Auto Consulting' and the petitioner has also produced documents in respect of job working as Repossession of Vehicle Agent.

4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that FIR was registered unnamed accused in respect of missing of a TATA Victa Car bearing Registration No.TN68H 6336 from the house of the de-facto complainant and during investigation, on the basis of the confession https://hcservices.ecourts.gov.in/hcservices/

of A1, this petitioner is implicated as an accused in this case. He would further submit that A1 alone has been arrested in this case and other accused are still absconding and the petitioner is not having any similar type of previous case and the investigation is still pending.

5. Considering the above facts and circumstances of the case and also considering the fact that, the petitioner is arrayed as an accused on the basis of confession of A1 in this case and the vehicle was recovered only from A1 and the petitioner is not having similar type of previous case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.I, Usilampatti, on condition that the petitioner shall execute 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 the petitioner shall report before respondent Police daily at 10.30 a.m., until further orders, for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C., scrupulously.

7. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 19/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, USILAMPATTI 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3 THE INSPECTOR OF POLICE, USILAMPATTI TOWN POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.KARTHIKEYA VENKITACHALAPATHY, Advocate SR.No.30996 ORDER IN CRL OP(MD) No.11975 of 2017 Date :19/09/2017 SM:CM-MSA:SAR 3:22.9.2017:2P/6C https://hcservices.ecourts.gov.in/hcservices/