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Madras High CourtCRL OP(MD)/10125/2022granted

Jayapandi v. The Inspector Of Police

2022-08-03Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.10125 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.10125 of 2022 Jayapandi ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Viruveedu Police Station, Dindigul District.

Crime No.120 of 2022.

... Respondent/Complainant For Petitioner : Mr.S.Ramsundarvijayraj, 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.120 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 448, 294(b), 427, 353 IPC in Crime No.120 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 03.06.2022 at about 3.00 pm, when the defacto complainant was on duty along with coemployees, the former President of the Society viz., the petitioner herein trespassed into the office and caused damage to the Registers and also stolen some of the record books. He has also abused the defacto complainant in filthy language and criminally intimidated him. Hence, the present complaint.

3. When the matter was taken up for hearing on 12.07.2022, this Court directed the petitioner to appear before the respondent police and co-operate with him to complete the process by producing the concerned records. It is submitted by both sides that some of the records have been recovered from the petitioner, but, some of the pages were missing.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.10125 of 2022

4. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

5. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner appeared before the respondent police and produced some of the records, but, some of the pages were missing. He would further submit already there is a direction to complete the investigation in W.P(MD).No.1019of 2022.

6. Considering the facts and circumstances and also considering the fact that some of the records were recovered, this Court is inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Nelakottai on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

8. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 03/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NELAKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE, VIRUVEEDU POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to M/S.RAMSUNDARVIJAYRAJ S Advocate SR.No.8173. ORDER IN CRL OP(MD) No.10125 of 2022 Date :03/08/2022 TRP MK/VR/SAR.I/11.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2