Ramu@Ramarasu v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/08/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN CRL OP(MD). Nos.8053, 8056, 8058, 8060, 8061 and 8062 of 2020 Ramu @ Ramarasu ... Petitioner/Accused No.3 in all petitions Vs State rep.by The Sub Inspector of Police, Karambakkudi Police Station, Pudukkottai District.

(Crime No.508/2020) ... Respondent/Complainant in CRL OP(MD) No.8053 of 2020 CRIME No. 510/2020 ... in CRL OP(MD) No.8056 of 2020 CRIME No. 506/2020 ... in CRL OP(MD) No.8058 of 2020 CRIME No. 505/2020 ... in CRL OP(MD) No.8060 of 2020 CRIME No. 507/2020 ... in CRL OP(MD) No.8061 of 2020 CRIME No. 509/2020 ... in CRL OP(MD) No.8062 of 2020 For Petitioner : M/s.R.Sangeetha, (in all petitions) Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, (in all petitions) Government Advocate (Crl.Side) PETITIONS FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C COMMON PRAYER :- For Anticipatory Bail in Crime Nos.505, 506, 507, 508, 509 and 510 of 2020 on the file of the Respondent Police. 1/3

COMMON ORDER : The Court made the following order :- The petitioner/accused No.3 apprehending arrest at the hands of the respondent police for the offences punishable under Section 379 of I.P.C., in Crime Nos.505, 506, 507, 508, 509 and 510 of 2020 respectively, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that due to previous enmity between the parties, the petitioner along with other accused are said to have stolen eight goats which belongs to the de-facto complainant. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.Side) appearing for the State would submit that A-1 and A-2 were already arrested and released on bail. Hence, he strongly opposed to grant anticipatory bail to the petitioner.

5.Considering the facts and circumstances of the case and also considering the fact that the co-accused were already arrested and released on bail, 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, within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Alangudi, Pudukkottai District, on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police as and when required for interrogation;

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

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

(e)on breach of any of the aforesaid conditions, the learned 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 learned 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]; and; 2/3

(f)if the petitioner/accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 03/08/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE, ALANGUDI, PUDUKKOTTAI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

3 THE SUB INSPECTOR OF POLICE, KARAMBAKKUDI POLICE STATION, PUDUKKOTTAI DISTRICT.

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

+6 CC to M/s.R.SANGETHA, Advocate ( SR-5889 to 5894[I] dated 04/08/2020 )

ORDER

IN CRL OP(MD). Nos.8053, 8056, 8058, 8060, 8061 and 8062 of 2020 Date :03/08/2020 SJI JM/VR/SAR 2/05.08.2020/3P/11C 3/3