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Madras High CourtCRL OP(MD)/13566/2022granted

B.Mydeen v. The Inspector Of Police

2022-08-03Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.13566 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13566 of 2022

1. B.Mydeen

2. Beer Mohamed @ Prokkar ... Petitioners/Accused 1&2 Vs The State Rep. By, The Inspector of Police, Vasudevanallur Police Station, Tenkasi District.

(Crime No. 216 of 2022).

... Respondent/Complainant For Petitioner : M/s. Prabhu.K, Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 216 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 403, 408, 294(b) and 506(i) IPC in Crime No.216 of 2022 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the 1st petitioner worked in the bakery, which was run by the defacto complainant and he has mis-appropriated the money during the absence of the defacto complainant. Hence, the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that after the investigation, name of the A2 has been deleted from the FIR. So far as the the first petitioner / A1 is concerned, after removing from the shop he is doing petty business.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.13566 of 2022

5. Considering the nature of offence, the overt act attributed against the petitioners, this Court is inclined to grant anticipatory bail to the 1st petitioner.

6. Accordingly, this Criminal Original Petition is allowed and the 1st petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Sivagiri, on condition that the 1st 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 learned Magistrate concerned and the 1st petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The 1st petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The 1st 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 stands dismissed.

sd/- 03/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, SIVAGIRI, TENKASI DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, VASUDEVANALLUR POLICE STATION, TENKASI DISTRICT.

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

+1 CC to M/s.K.PRABHU, Advocate ( SR-8094[I] dated 03/08/2022 )

ORDER

IN CRL OP(MD) No.13566 of 2022 Date :03/08/2022 TRP USK/SVR/SAR-I/11.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2