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Madras High CourtCRL OP(MD)/16590/2018ordered

Sathish @ Sathishkumar v. The Inspector Of Police

2018-09-17Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventeenth day of September Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.16590 of 2018 SATHISH @ SATHISHKUMAR ... PETITIONER / ACCUSED NO.4 Vs STATE REP. BY THE INSPECTOR OF POLICE PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO. 241 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioner : MR.D.R. MURUGESAN Advocate For Respondent : MRS.M.ANANTHA DEVI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offence punishable under Sections 457(2) and 380(2) I.P.C, in Crime No.241 of 2017, seeks anticipatory bail. 2.The case of the prosecution is that on 30.09.2017, some unknown persons had broke open the lock of the temple and stolen the Amman Idol. Hence, a case has been registered. 3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent and he has been falsely implicated in this case. He has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that earlier, the petitioner was granted anticipatory bail before this Court in Crl.O.P.No.935 of 2018, on 24.01.2018. But, he could not execute the sureties as directed by this Court. Therefore, he filed extension of time petition and the same was dismissed.

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5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Chief Judicial Magistrate, Kumbakonam and on his executing 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 on further condition that the petitioner shall appear before the respondent police daily at 10.30.am., for a period of two weeks, thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 6.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 shall stand dismissed.

sd/- 17/09/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE CHIEF JUDICIAL MAGISTRATE THANJAVUR AT KUMBAKONAM 2 THE INSPECTOR OF POLICE PERAVURANI POLICE STATION, THANJAVUR DT., 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.D.R. MURUGESAN Advocate SR.No. 17720

ORDER

IN CRL OP(MD) No.16590 of 2018 Date :17/09/2018 MSI/PN/SAR-II/25.09.2018-2P/5C https://hcservices.ecourts.gov.in/hcservices/