← Library
Madras High CourtCRL OP(MD)/18769/2016ordered

Ayyappan, v. The Inspector Of Police,

2016-10-04Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.18769 of 2016 AYYAPPAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY , THE INSPECTOR OF POLICE, SAMAYANALLUR POLICE STATION, MADURAI.

CRIME NO.33 OF 2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.K.A.S.PRABHU Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner, who is arrayed as accused, prays for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 454, 380 IPC in Crime No.33 of 2014 on the file of the respondent police.

2.The case of the prosecution is that the petitioner along with other accused trespassed into the house of the de facto complainant and stole some gold jewels worth about Rs.27,000/-. Based on the confession of A1, the petitioner is arrayed as accused in this case. 3.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side).

4.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

5.Learned Government Advocate (Crl. Side) submits that investigation is almost over and property is recovered from A1. 6.On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for and accordingly; (a)In the event of arrest by or on appearance before the respondent police;

(b)In the event of appearance before the learned Judicial https://hcservices.ecourts.gov.in/hcservices/

Magistrate No.IV, Madurai, within 15 days from the date of receipt of copy of the order, (i)petitioner shall be enlarged on bail on executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction;

(ii)petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii)petitioner shall report before the respondent police daily at 10.30 a.m. until further orders.

sd/- 04/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.IV,MADURAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE INSPECTOR OF POLICE, SAMAYANALLUR POLICE STATION, MADURAI.

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

+1 CC TO M/S.K.A.S.PRABHU, ADVOCATE IN SR.NO.58357 NBJ CSL/SK-SKN/SAR-I/20.10.2016: 2P/6C

ORDER

IN CRL OP(MD) No.18769 of 2016 Date :04/10/2016 https://hcservices.ecourts.gov.in/hcservices/