Murugan @ Murugesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14271 of 2022 Murugan @ Murugesan ... Petitioner/Accused (Rank Not Known) Vs State rep.by The Inspector of Police, K.V.Nallur Police Station, Tenkasi District.

(Crime No.313 of 2022).

... Respondent/Complainant For Petitioner : M/s.Thalaimutharasu.G, 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.313 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 I.P.C, in Crime No.313 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the defacto complainant lodged a complaint stating that he was owning auto bearing Regn.No.TN99H8571 ALFA DX and as usual he parked his vehicle in front of Central Co-operative Bank at Rajaplayam Road. On 29.07.2022 at about 5.30 am he found that the battery worth about Rs.8,000/- found stolen. Hence, the complaint.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. The main accused A1 was arrested and released on bail.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that during the course of investigation A1 gave a statement that the petitioner stolen the battery on the instruction of one Agency and on the confession from the above said agency, he has also been implicated as accused and there is no previous case pending against the petitioner.

5. Considering the nature of offence, the overt act attributed against the petitioner and that there is no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

6. 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 learned Judicial Magistrate, Sankarankovil 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.

7. 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/- 29/08/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.I) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. THE JUDICIAL MAGISTRATE, SANKARANKOVIL.

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

3. THE INSPECTOR OF POLICE, K.V.NALLUR POLICE STATION, TENKASI DISTRICT.

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

+1. CC to M/S.THALAIMUTHARASU.G Advocate SR.No.9317

ORDER

IN CRL OP(MD) No.14271 of 2022 Date :29/08/2022 SP/SVR/SAR I/09/09/2022/3P/6C