Deepak v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Deepak, ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, SIPCOT Police Station, (Crime No.50 of 2024).

... Respondent/Complainant For Petitioner :

Mr.V.Sasi Kumar, 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.50/2024 on the file of the Respondent Police.

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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.50 of 2024, for the offence punishable under Sections 420, 294(b), 434, 454, 457, 380 and 506(ii) IPC, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioner is a building contractor and the defacto complainant engaged him to construct a house. There was a dispute between them that the accused has used substandard materials for the construction and also, the petitioner has taken away an electric motor, fifty cement bags, granite and plumbing materials from the construction site, which belong to the defacto complainant. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the defacto complainant is not satisfied with the construction work. Therefore, he foisted this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that no previous case is pending against the petitioner.

5. Considering the facts and circumstances of the case and also considering the nature of offence and the antecedent of the petitioner, this Court is inclined to grant 2/5

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 his arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate on condition that (i) the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, (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 daily at 10.30 am until further orders for interrogation. He has to cooperate 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.

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(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/- 13/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR To 1.The Judicial Magistrate No.III, 2.Do through the Chief Judicial Magistrate, Thoothukudi District.

3.The Inspector of Police, SIPCOT Police Station, 4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.V.SASIKUMAR, Advocate ( SR-6589[I] dated 18/06/2024 ) 4/5

ORDER

IN CRL OP(MD) No.6377 of 2024 Date :13/06/2024 ED/ VR /SAR- (21/06/2024) 5P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5