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Madras High CourtCRL OP(MD)/12114/2023allowed

S.Mani@Manikandan v. The Inspector Of Police

2023-07-06Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN S.Mani@manikandan, ... Petitioner/Accused No.6 Vs State Rep.by The Inspector of Police, Karur Town Police Station, Karur District.

(Crime No.290 of 2023).

... Respondent/Complainant For Petitioner : M/s.R.Vennila, Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.290 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused No.6, apprehending arrest at the hands of the respondent 1/4

police for the alleged offence punishable under Sections 395 & 397 of I.P.C, in Crime No.290 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution in brief is that the defacto complainant is running a coir company called Sri Amman Coir. On 21.04.2023, he was returning to his home town, on the Erode Road. At about 12.30 p.m. in the night hours near HP Petrol Bunk, he stopped the vehicle. At that time three transgender people called some people, who also came from dark and caused assault and at knife point he was robbed Rs.15,000/-. All the persons fled away from that place in a car. Based upon the above said, complaint was lodged and case was registered in Crime No.290 of 2023. 3.Seeking anticipatory bail, the 6th accused has filed this petition mainly on the ground that the co-accused has been granted either bail or anticipatory bail.

On going through the CD file as well as the records, it is seen that it is night robbery committed by the accused at the knife point. However, even though strong objection has been made by the learned Government Advocate (Crl. Side) to enlarge the petitioner on anticipatory bail, considering the fact that similarly placed co-accused was granted anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner on certain conditions.

4. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the 2/4

learned Judicial Magistrate No.I, Karur, on condition that the 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 petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5. 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 stands dismissed. sd/- 06/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO THE JUDICIAL MAGISTRATE NO.I KARUR.

DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.

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THE INSPECTOR OF POLICE KARUR TOWN POLICE STATION, KARUR DISTRICT.

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

+1 CC to M/s.R.VENNILA, Advocate ( SR-10328[I] dated 07/07/2023 )

ORDER

IN CRL OP(MD) No.12114 of 2023 Date :06/07/2023 Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 PKP/DD/SAR- /21.07.2023/ 4P/ 6C 4/4