Majees v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of December Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.22674 of 2016 MAJEES ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE THAKALAI POLICE STATION, KANYAKUMARI DISTRICT Crime.No.570 of 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.R.SATHANBOOBATHY Advocate For Respondent : Mr.P.Kandasamy Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for an alleged offence punishable under Section 379 of IPC., in Crime No.570 of 2016, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner, who is arrayed as A4, along with other accused, stolen the vehicle of the defacto complainant viz., Hero Honda Bike, bearing Registration No.TN-75-A-1863.

3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence, as alleged by the prosecution and he has been falsely implicated in this case and pray for anticipatory bail in favour of the petitioner.

4. The learned Government Advocate (crl.side) submitted that totally there are four accused in this case and the petitioner is arrayed as A4. A1 to A3 are juvenile and they produced before the Juvenile Justice Board and based on their confession, the petitioner / A4 has been arrayed as an accused. He would further submit that the stolen vehicle has been recovered.

5. Considering the above facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be https://hcservices.ecourts.gov.in/hcservices/

released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Padmanathapuram, on condition that 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 the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the respondent police daily at 10.00 a.m. for a period of four weeks and thereafter, as and when required, for interrogation. 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 07/12/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PADMANATHAPURAM 2 -DO-THRO THE CHEIF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOIL 3 THE INSPECTOR OF POLICE THAKALAI POLICE STATION, KANYAKUMARI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.R.SATHANBOOBATHY Advocate SR.No.79780 sm:SKS-RR:SAR 2:09/12/2016:2P/6C

ORDER

IN CRL OP(MD) No.22674 of 2016 Date :07/12/2016 https://hcservices.ecourts.gov.in/hcservices/