Mari Selvan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Ninth day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21075 of 2018 MARI SELVAN ... PETITIONER / ACCUSED(RANK NOT KNOWN) Vs STATE REP.BY THE INSPECTOR OF POLICE, ARUPPUKOTTAI TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT.

IN CRIME NO.181 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.ANAND, Advocate For Respondent : Mr.S.CHANDRASEKAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 (N.P) IPC, in Crime No.181 of 2018, seek anticipatory bail.

2. The case of the prosecution is that a lorry bearing registration No.TN 03 F 5538, belonging to the defacto complainant which was parked in front of one Durgaiamman Auto Workshop, Kanjanaickanpatti to clear out the engine fault in the workshop of one Sivakumar and at that time, the said Sivakumar was not available and that the defacto complainant has informed the same over phone to Sivakumar to do the engine repair work and that the defacto complainant went to the above said workshop and that the lorry of the defacto complainant was not there and not able to trace the same. Hence, a case has been registered.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution and his another anticipatory bail petition in Crl.O.P(MD)No.18854 of 2018 was also ended in favour of the petitioner. Hence, anticipatory bail may be granted to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent would submit that earlier the petitioner was granted anticipatory bail by this Court in Crl.O.P(MD)No.18767 of 2018, dated 16.10.2018. But, he has not produced the sureties before the trial court and the lorry which is said to have been stolen in the present case has already been recovered.

5. Taking note of the facts and circumstances of the case, 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 on his appearance, before the learned Judicial Magistrate, Aruppukottai, Virudhunagar District, 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 said Magistrate concerned and on further condition that:

[a] if the petitioner fail to surrender before the said Magistrate within a period of fifteen days, this Order shall stand automatically cancelled;

[b] the petitioner shall report before the respondent police daily at 10.30 a.m.

[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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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 abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 29/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.

3. THE INSPECTOR OF POLICE, ARUPPUKOTTAI TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to Mr.R.ANAND Advocate SR.No.22388

ORDER

IN CRL OP(MD) No.21075 of 2018 Date :29/11/2018 MS/PN/SAR-1/03.12.2018/3P.6C