Sheik Abdullah v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10.07.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Shiek Abdullah ... Petitioner/ Accused Rank not known Vs The Inspector of Police, Velayuthapattinam Police Station, Sivagangai District.
Crime No.13 of 2024 ... Respondent/Complainant For Petitioner : Mr.D.S.Haroon Rasheed, Advocate For Respondent : Mr.P.Kottaichamy, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticpatory Bail in Crime No.13 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 IPC in Cr.No.13 of 2024 on the file of the respondent police, seeks anticipatory bail. 1/5
2.The case of the prosecution is that the accused persons have stolen the goats of the defacto complainant.
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. Further, the learned counsel appearing for the petitioner submits that the petitioner is ready and willing to deposit a sum of Rs.10,000/- to the credit of Cr.No.13 of 2024 before the learned Judicial Magistrate, Devakottai. 4.The learned Government Advocate(Crl.side) for the respondent opposes to grant anticipatory bail to the petitioner on the ground that the coats have not been recovered.
5.Considering the facts and circumstances of this case and the willingness of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Devakottai on condition that 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, Devakottai 2/5
and on further conditions that:
i. 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; ii. The petitioner shall appear before the respondent police daily at 10.30 am until further orders. He has to co-operate for the investigation.
iii. As per the willingness expressed by the petitioner, he shall deposit a sum of Rs.10,000/-(Rupees Ten Thousand only) to the credit of Cr.No.13 of 2024 before the learned Judicial Magistrate, Devakottai, within a period of two weeks from the date of receipt of a copy of this order.
iv. The petitioner shall file an affidavit of undertaking that he will not indulge in any offence in future.
v. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.
vi. On violation of any of the above conditions by the petitioner, the 3/5
respondent police shall move an application for cancellation of the anticipatory bail.
sd/- 10/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
GNS TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
3 THE INSPECTOR OF POLICE, VELAYUTHAPATTINAM POLICE STATION, SIVAGANGAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.10179 of 2024 Date :10/07/2024 SA/VR/SAR. /24.07.2024/5P/C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5