M. Muthuirulandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourth day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.21411 of 2018 M. MUTHUIRULANDI ... PETITIONER / ACCUSED (RANK NOT KNOWN) Vs STATE THROUGH THE INSPECTOR OF POLICE SAMAYANALLUR POLICE STATION, MADURAI DISTRICT.

(CRIME NO. 193 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.S.MOORTHY Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent police for the offence punishable under Sections 379 IPC in Crime No.193 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and A-1 in this case are friends. Both have joined together and stole the tractor of the defacto complainant and left it in the field. Thereafter, it was recovered.

3.The learned counsel for the petitioner submits that the first accused was arrested on 28.11.2018 and on his confession, the vehicle was recovered and also complicity of the petitioner came to know to the respondent Police. He further submits that the petitioner is innocent and he had nothing with the alleged crime. Hence, anticipatory bail may be granted to him. 4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the vehicle has been recovered at the instance of A-1 and investigation is in progress. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions:- https://hcservices.ecourts.gov.in/hcservices/

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, Vadipatty, Madurai District, and on his executing 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 on further condition that [a] if the petitioner failed 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 10.00 a.m for a period of two weeks and thereafter as and when required for interrogation.

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

sd/- 04/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE VADIPATTY, MADURAI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE INSPECTOR OF POLICE SAMAYANALLUR POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.S.MOORTHY Advocate SR.No.254 ORDER IN CRL OP(MD) No.21411 of 2018 Date :04/01/2019 MSI/JC/SAR-I/09.01.2019-2P/6C https://hcservices.ecourts.gov.in/hcservices/