Madras High CourtCRL OP(MD)/21149/2016granted

C.Saravanakumar v. The Inspector Of Police,

2016-11-14Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourteenth day of November Two Thousand Sixteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.21149 of 2016 C.SARAVANAKUMAR ..PETITIONER/ACCUSED No.1 Vs.

STATE REP.BY THE INSPECTOR OF POLICE, PANAYAPATTI POLICE STATION, PUDUKKOTTAI DISTRICT.

CR.NO. NOT KNOWN OF 2016 ..RESPONDENT/COMPLAINANT For Petitioner : M/S.S.T.SASIDHARAN TAMILKANI Advocate For Respondent : M/s.S.PRABHA, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Section 379 I.P.C. in Crime No.115 of 2016 on file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail. 2.Heard the learned counsel on either side.

3.The case of the prosecution is that the petitioner has stolen the defacto complainant's vehicle.

4.Learned counsel for the petitioner submitted that the petitioner is innocent and that a false case is foisted against him. 5.Learned Government Advocate (Crl. Side) submitted that the stolen vehicle has been recovered.

6.Taking note of the facts and circumstances of the case, as the stolen vehicle has been recovered, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thirumayam, Pudukkottai District, subject to the following conditions:

(i) the petitioner shall execute 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 https://hcservices.ecourts.gov.in/hcservices/

the respondent police or the police officer who intends to arrest or to the satisfaction of the Magistrate concerned;

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

(iii) the petitioner shall not tamper with evidence or witness either during investigation or trial;

(iv) the petitioner shall not abscond either during investigation or trial;

(v) on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560] sd/- 14/11/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUMAYAM, PUDUKOTTAI DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,PUDUKOTTAI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, PANAYAPATTI POLICE STATION, PUDUKKOTTAI DISTRICT.

ORDER IN CRL OP(MD) No.21149 of 2016 Date :14/11/2016 PBK/MPA/SAR-I 18/11/2016 ::2P-5C:

https://hcservices.ecourts.gov.in/hcservices/