Madras High CourtCRL OP(MD)/9732/2022ordered

Sanmugnathan v. The Inspector Of Police

2022-06-01Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD).No.9732 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/06/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD).No.9732 of 2022 1.Sanmuganathan 2.Sankarammal @ Senthurammal ... Petitioners/Accused Nos.1 & 2 Vs The State represented by The Inspector of Police, Kuruvikulam Police Station, Tenkasi.

(Cr.No.75 of 2022) ... Respondent/Complainant For Petitioner : Mr.M.Maharaja, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.75 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 294(b), 448, 323 & 380 of IPC in Cr.No.75 of 2022, on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that due to the civil dispute between the parties, the petitioners entered into the defacto complainant's house and stolen a sum of Rs.5,00,000/- and also damaged the house hold articles. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.Side), appearing for the respondent police submitted that in this case the said amount is not yet recovered and it is a case in counter.

5.Considering the nature of offence and that there is no specific overt act attributed against the petitioners, this Court is inclined to grant anticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD).No.9732 of 2022 6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate Sankarankoil, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners 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/- 01/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

vsd 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, SANKARANKOIL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE KURUVIKULAM POLICE STATION, TENKASI.

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

ORDER

IN CRL OP(MD) No.9732 of 2022 Date :01/06/2022 SS/PN/SAR:IV/02.06.2022 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2