K.Maruthupandi, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Sixth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3995 of 2017 1 K.MARUTHUPANDI 2 K.BOOPATHI ... PETITIONERS/ ACCUSED NO 2 & 3 Vs STATE REP.BY THE INSPECTOR OF POLICE, SIVAGANGAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

IN CRIME NO.140 OF 2017.

... RESPONDENT/ COMPLAINANT For Petitioner : M/S.M.JEGADEESH PANDIAN Advocate For Respondent : M/S S.PRABHA, 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 accused Nos.2 and 3 in Crime No.140 of 2017 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, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The case of the prosecution is that the petitioners along with other accused stolen 150 boundary stones. 4.The learned Government Advocate(Crl.Side) appearing for the respondent on instructions submitted that there are totally three accused in this case. The petitioners are A-2 and A-3. A-1 was already arrested and he is still in custody. The stolen properties were recovered.

5.Considering the facts and circumstances of the case and also considering the fact that the properties were recovered, 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 his appearance before https://hcservices.ecourts.gov.in/hcservices/

the learned Judicial Magistrate No.II, Sivagangai and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two common 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 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/- 06/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II, SIVAGANGAI.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

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

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.JEGADEESH PANDIAN Advocate SR.No.19590

ORDER

IN CRL OP(MD) No.3995 of 2017 Date :06/04/2017 MS/PM.PN/SAR.3/10.04.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/