Mari Selvan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN CRL OP(MD) No.18767 of 2018 MARI SELVAN ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REPRESENTED BY, THE INSPECTOR OF POLICE ARUPPUKOTTAI TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT.
(IN CRIME NO. 181 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.ANAND Advocate For Respondent : Mr.S.CHANDRASEKAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 (N.P.) of I.P.C., in Crime No. 181 of 2018, seeks anticipatory bail.
2. The case of the prosecution is that a lorry bearing registration No.TN 03 F 5538 belonging to the defacto complainant which was parked in front of one Durgaiamman Auto Workshop, Kanjanaickanpatti to clear out the engine fault in the workshop of one Sivakumar and at that time, the said Sivakumar was not available and that the defacto complainant has informed the same over phone to Sivakumar to do the engine repair work and that the defacto complainant went to the above said workshop and that the lorry of the defacto complainant was not there and not able to trace the same. Hence, a case has been registered.
3. The learned counsel appearing for the petitioner submitted that the stolen lorry has already been recovered and the accused person who is said to have committed the offence also has been arrested and that the petitioner has been falsely implicated in this case.
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4.The learned Additional Public Prosecutor appearing for the respondent submitted that the property has been recovered.
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, Aruppukottai, Virudhunagar District 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 conditions 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 shall stand dismissed.
sd/- 16/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI, VIRDHUNAGAR DISTRICT 2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT 3.THE INSPECTOR OF POLICE, ARUPPUKOTTAI TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to MR.R.ANAND Advocate SR.No.19852
ORDER
IN CRL OP(MD) No.18767 of 2018 Date :16/10/2018 AE/MMS/SAR4/22.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/