Madras High CourtCRL OP(MD)/1745/2017granted

Ranjith Kumar v. The Inspector Of Police

2017-02-17Honourable Mr Justice A.M. Basheer Ahamed3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) Nos.1745,1746 and 1747 of 2017 RANJITH KUMAR ... PETITIONER / ACCUSED (RANK NOT KNOWN) IN ALL THE PETITIONS Vs THE STATE REP BY THE INSPECTOR OF POLICE, MANAMADURAI POLICE STATION, MANAMADURAI, SIVAGANGAI DISTRICT ... RESPONDENT/COMPLAINANT IN ALL THE PETITIONS (CRIME NO. 526 OF 2016) ...CRL OP(MD) No.1745 of 2017 (CRIME NO. 530 OF 2016) ...CRL OP(MD) No.1746 of 2017 (CRIME NO. 531 OF 2016) ...CRL OP(MD) No.1747 of 2017 For Petitioner : M/S. R.ILAYARAJA Advocate, In all the Petitions For Respondent : MR.P.KANDASAMY Govt. Advocate ( Crl. Side) In all the petitions PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- In Crl.O.P.(MD) No.1745 of 2017:

The petitioner, who is arrayed as Accused (Accused rank not known), in Crime No.526 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC and hence, seeks anticipatory bail.

In Crl.O.P.(MD) No.1746 of 2017:

The petitioner, who is arrayed as Accused (Accused rank not known), in Crime No.530 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC and hence, seeks anticipatory bail.

In Crl.O.P.(MD) No.1747 of 2017:

The petitioner, who is arrayed as Accused (Accused rank not known), in Crime No.531 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State.

3. The petitioner is arrayed as A3 in all the three cases. 4.The learned Government Advocate(Crl. Side) appearing for the respondent on instructions submitted that totally there are four accused in this case and FIRs were registered against unknown persons in respect of theft of motorcycles and after investigation, the first accused who is a juvenile was arrested and the said motorcycles were recovered from the confession of the first accused. The first accused was arrested and released on bail. The second accused was granted anticipatory bail by this Court in Crl.O.P.Nos. 311, 312 and 326 of 2017 on 20.01.2017 and the fourth accused is still absconding. The petitioner is implicated on the basis of the confession of the first accused, who is a juvenile.

5. The learned counsel for the petitioner states that the petitioner's name is not mentioned in FIR and he has been implicated as per the confession of the co-acused and he is innocent and he has not committed any offence as alleged by the respondent police.

6. The learned Government Advocate appearing for the respondents states that except the present three cases, there is no other previous case against the petitioner herein. 7.Considering the facts and circumstances of the case and also the fact that the vehicles were recovered from the first accused and on the basis of the confession of A1, the petitioner is implicated in this case and he has no previous cases, 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 before the learned Judicial Magistrate, Manamadurai and on his 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 petitioner shall appear before the learned Judicial Magistrate, Manamadurai on all working days at 10.30 a.m until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 8.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/- 17/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE MANAMADURAI POLICE STATION, MANAMADURAI, SIVAGANGAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT , MADURAI. +1. CC to M/S. R.ILAYARAJA Advocate SR.No.9286

ORDER

IN CRL OP(MD) Nos.1745,1746 and Date :17/02/2017 MS-PM-PN-SAR 3/21.2.2017/3P-6C