Santha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty First day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6589 of 2015 SANTHA ... PETITIONER/ SOLE ACCUSED Vs THE STATE REP. BY THE INSPECTOR OF POLICE NAINARKOVIL POLICE STATION, RAMNAD DISTRICT.

CR.No. 46 of 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.D.SENTHIL Advocate For Respondent : M/S.K.V.Rajarajan Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 380 (NH) I.P.C in Crime No.46 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that on 04.02.2015, the petitioner had taken away 10 sovereigns of gold chain from one Santha W/o.Krishna Thevar.

3.The learned counsel for the petitioner submitted that the defacto complainant is the close relative of the petitioner and due to civil dispute, she has been falsely implicated in this case. It is further contended that even as per the allegations, the petitioner joining with the other accused has taken the jewels.

4.The learned Government Advocate (Crl.side) submitted that the jewel has not been recovered sofar and the petitioner is not having any previous case of similar nature.

5.Considering the submissions made by both sides, 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, Paramakudi and 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 https://hcservices.ecourts.gov.in/hcservices/

satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m until further orders. The petitioner shall comply with the condition 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 made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 21/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, PARAMAKUDI.

2 Do - Through THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE NAINARKOVIL POLICE STATION, RAMNAD DISTRICT.

+1. CC to M/S.D.SENTHIL Advocate SR.No.20671. TS/23.04.2015/2P-6C

ORDER

IN CRL OP(MD) No.6589 of 2015 Date :21/04/2015 https://hcservices.ecourts.gov.in/hcservices/