T.Lingammal v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirteenth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.17061 of 2017 T.LINGAMMAL ... PETITIONER/7th ACCUSED Vs STATE REP. BY THE INSPECTOR OF POLICE VEMBAKOTTAI POLICE STATION, VIRUDHUNAGAR DISTRICT (CRIME NO.53 OF 2017) ... RESPONDENT/COMPLAINANT For Petitioner : Mr.S.POORNA CHANDRAN Advocate For Respondent : Mr.M.MURUGAN, Government Advocate (Crl.side) for Mr.K.ANBARASAN, Government Advocate (Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner herein, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 I.P.C., in Crime No.53 of 2017 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that on 09.02.2017, the accused nos. 1 to 4 are habitual offenders who have stolen 4 sovereigns of gold from the innocent general public, which was given to the accused no.7, thereby, one of the victim filed a complaint before the respondent police.
3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. He further submitted that accused nos.1 to 6 were already granted bail by the lower Court. 4.The learned Government Advocate (Crl.side) appearing for the State submitted that he is not disputed the above said facts and further submitted that the other co-accused were already granted bail by the Lower Court.
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5.Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side), this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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, Sattur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five thousand only) each with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:
(i) the petitioner shall report before the respondent police daily at 10.30 a.m. until further orders. (ii) the petitioner shall not tamper with evidence or witness either during investigation or trial; (iii) the petitioner shall make himself available for interrogation including custodial interrogation as and when required by the investigation officer;
(iv) the petitioner shall not abscond either during investigation or trial.
(iv) the petitioner shall not commit any offence while on bail;
(v) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law and the anticipatory bail granted stands cancelled automatically.
sd/- 13/12/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO II, SATTUR 2 -do- thro' THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE VEMBAKOTTAI POLICE STATION, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.S.POORNA CHANDRAN Advocate SR.No.36145 ORDER IN CRL OP(MD) No.17061 of 2017 Date :13/12/2017 msa SH/RR/SAR-4:19.12.2017:2p/6c https://hcservices.ecourts.gov.in/hcservices/