Santhosh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Santhosh ... Petitioner/Sole Accused Vs The Inspector of Police, Kallal Police Station, Sivagangai District Crime No.08/2024.
... Respondent/Complainant For Petitioner : M/s.Veerapandi Selvaraj.S,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.08/2024 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.08 of 2024, for the offence punishable under Sections 457, 380 and 511 IPC, has filed this petition seeking anticipatory bail. 1/4
2. The case of the prosecution is that Hundial of Vaniyathamman Temple at Karaikudi, was broke open by the accused. Hence, the case.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submits that the petitioner is only a devotee and he has not attempted to break open the Hundiyal. 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 investigation is yet to be completed and no previous case is pending as against the petitioner.
5.Earlier this Court, by order dated 19.06.2024 has granted interim anticipatory bail to the petitioner and directed him to appear before the respondent police and cooperate for the investigation. Today, the investigation officer has filed a report stating that the petitioner has been added as accused on suspicion since the petitioner on seeing the villagers, ran away from the place of occurrence and he has not committed the offence. He is only a devotee.
6. Considering the report filed by the Investigation officer, this Court is inclined to grant anticipatory bail to the petitioner.
7. Accordingly, this Criminal Original Petition is ordered and the petitioner is 2/4
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, Karaikudi, Sivagangai District. (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/- 28/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
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LR TO THE JUDICIAL MAGISTRATE KARAIKUDI, SIVAGANGAI DISTRICT.
DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. THE INSPECTOR OF POLICE KALLAL POLICE STATION,SIVAGANGAI DISTRICT THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.S.VEERAPANDI SELVARAJ, Advocate ( SR-7146[I] dated 28/06/2024 )
ORDER
IN CRL OP(MD) No.8899 of 2024 Date :28/06/2024 PKP/JGB/SAR /05.07.2024/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4