S.Syed Haris Basha v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN S.Syed Haris Basha, ... Petitioner/Accused Rank Not Known Vs The Inspector of Police, Vengamedu Police Station Karur District.
Crime No.218/2024.
... Respondent/Complainant For Petitioner : M/s.Sudalaiyandi.K, Advocate.
For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.218/2024 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC, in Cr.No.218 of 2024, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner has committed theft of a two wheeler belonging to the defacto complainant. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is 1/4
innocent and he has been falsely implicated in this case. He would further submit that on the confession of co-accused, the petitioner has been implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner. 4.The learned Government Advocate(Crl.Side) would submit that totally four accused in this case and the petitioner is arrayed as A4 and the properties were recovered and co-accused/ A1 to A3 in this case were arrested and released on bail. He would further submit that the investigation is pending, hence, he strongly opposed to grant anticipatory bail to the petitioner. 5.Considering the facts and circumstances of the case and also considering the fact that co-accused were already released on bail, 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Karur, on condition that the petitioner shall execute a bond for a sum of Rs.
impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioner shall report before the respondent police daily at 10.30 am for a period of three 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]; and; (f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 11/07/2024 / 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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LS TO 1 THE JUDICIAL MAGISTRATE NO.I, KARUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.
3 THE INSPECTOR OF POLICE, VENGAMEDU POLICE STATION KARUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.SUDALAIYANDI, Advocate ( SR-7836[I] dated 12/07/2024 ) ORDER IN CRL OP(MD) No.9389 of 2024 Date :11/07/2024 SA/VR/SAR. /19.07.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4