Joseph Rajkumar 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.7445 of 2015 1 JOSEPH RAJKUMAR 2 V. PRAKASH ... PETITIONERS/ACCUSED Nos.1 & 2 Vs STATE REP.BY THE INSPECTOR OF POLICE KARAIKUDI CRIME POLICE STATION, SIVAGANGAI DT, CRIME NO.74/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.J.ASSOCIATES Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-1 & A-2 apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 379 I.P.C in Crime No.74 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. According to the prosecution, the accused, who are the Maintenance Contractors of Reliance Telecommunication, had stolen away the materials worth about Rs.1,50,000/-.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. It is further submitted that the materials were found in the place of the defacto complainant and it was not taken away by the accused.

4. The learned Government Advocate(Crl. Side) on instructions would submit that A-3 was arrested and released on bail and the materials were already recovered by the respondent and the petitioners do not have any previous case.

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5.Considering the facts and circumstances of the case, 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, Karaikudi, Sivagangai District, 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 daily at 10.00 a.m., for a period of two weeks and thereafter as and when required for interrogation. The petitioners shall comply with the condition 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 stands dismissed.

sd/- 21/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE,KARAIKUDI,SIVAGANGAI DISTRICT. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,SIVAGANGAI. 3 THE INSPECTOR OF POLICE KARAIKUDI CRIME POLICE STATION, SIVAGANGAI DT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.K.J.ASSOCIATES Advocate SR.No.20783

ORDER

IN CRL OP(MD) No.7445 of 2015 Date :21/04/2015 PA/23.04.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/