Pasupathy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13.04.2023 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Pasupathy ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Pazhavoor Police Station, Tirunelveli District.

Cr.No.88 of 2023 ... Respondent/Complainant For Petitioner : Mr.K.P.Narayanakumar, Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.88 of 2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/accused No.1, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 IPC, in Cr.No.88 of 2023, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with the other accused have attempted to transport the soil from Kallikulam in the Tempo by using JCB. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioner along with 1/3

the other accused have attempted to transport the soil in the Tempo by using JCB . He would further submit that the petitioner is having two previous cases, out of which, one case for similar offence. 5.Considering the facts and circumstances of the case and also considering the nature of the offence alleged and also the fact that the property has been recovered, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Valliyoor, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall report before the respondent police daily at 10.30 am for a period of one month and thereafter, 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; (f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 13/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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SJI TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE PAZHAVOOR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.K.P.NARAYANA KUMAR, Advocate(SR-5882[I]dated 17/04/2023

ORDER

IN CRL OP(MD) No.6802 of 2023 Date :13/04/2023 PKP/BUC/SAR-4/24.04.2023/ 3P/6C 3/3