Madras High CourtCRL OP(MD)/3646/2017ordered

Muthamizhselvan v. The Inspector Of Police

2017-03-28Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3646 of 2017 MUTHAMIZHSELVAN ... PETITIONER/ACCUSED NO.3 Vs STATE REP.BY ITS, THE INSPECTOR OF POLICE MANDALAMANICKAM POLICE STATION, RAMANATHAPURAM DISTRICT CRIME NO.32 OF 2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.G.VISHNURAM Advocate For Respondent : MRS.S.PRABHA, Govt. 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 A-3, in Crime No.32 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 of I.P.

C 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 learned Government Advocate(Crl. Side) on instructions submitted that a bike was stolen from the police station by A-1 and A-2 and was sold to the petitioner/A-3. She further submitted that A-1 in this case was arrested and A-2 is still absconding.

4. The learned counsel appearing for the petitioner submitted that the petitioner is a bonafide purchaser and he has nothing to do with the alleged offence.

5. Considering the facts and circumstances of the case, 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, Kamuthi, Ramanathapuram District https://hcservices.ecourts.gov.in/hcservices/

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 respondent police daily at 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6.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/- 28/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,KAMUTHI, RAMANATHAPURAM DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE MANDALAMANICKAM POLICE STATION,RAMANATHAPURAM DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.VISHNURAM Advocate SR.No.18303 PM GJM/NDD/SAR-III/05.04.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.3646 of 2017 Date :28/03/2017 https://hcservices.ecourts.gov.in/hcservices/