Ganesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Ganesan ... Petitioner/ Accused No.2

Versus

The Inspector of Police, K.Pudupatty Police Station, (Crime No.46 of 2024) ... Respondent/ Complainant For Petitioner :

Mr.D.Rameshkumar, Advocate For Respondent :

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.46 of 2024 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.46 of 2024, for the offence under Sections 352, 1/4

506(i) and 379 of IPC, has filed this petition seeking anticipatory bail.

2. The petitioner herein is arrayed as A2. The petitioner's son/A1 has purchased a vehicle on hire purchase basis and since he has failed to pay the due amount, the Finance Company has asked the petitioner to return the vehicle. But, the petitioner's son has sold the vehicle to another person. Hence, the complaint.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he is in no way connected with the alleged offence. Therefore, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent Police submits that the petitioner has promised the Finance Company that he will return the vehicle, but, the petitioner's son sold the vehicle to another person.

5. Considering the nature of allegation, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate on condition that (i) the petitioner executes a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties each for a like sum 2/4

to the satisfaction of the learned Judicial Magistrate, Thirumayam, (ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;

(iii) The petitioner shall appear before the respondent police as and when required for interrogation. He has to co-operate for the investigation.

(iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses.

(v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 12/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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OGY To 1.The Judicial Magistrate, Thirumayam, Pudukkottai District.

2.Do through the Chief Judicial Magistrate, 3.The Inspector of Police, K.Pudupatty Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.G.RAJESH, Advocate ( SR-4353[I] dated 12/04/2024 )

ORDER

IN CRL OP(MD) No.5569 of 2024 Date :12/04/2024 ED/ GS /SAR- (17/04/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4