P.Naveen Raja v. The Inspector Of Police
CRL OP(MD). No.14662 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.14662 of 2022
1. P.Naveen Raja
2. L.Pevin Sudhakar ... Petitioners/Accused Rank Unknown Vs State Rep.by The Inspector of Police, Thiruthangal Police Station, Virudhunagar District.
(Crime No.215 of 2022).
... Respondent/Complainant For Petitioners : M/s.A.Joseph Jerry, Advocate.
For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) For Intervenor : Mr.M.Musthafakhan, Advocate PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.215 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 Section 380 IPC, in Crime No.215 of 2022 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution as per the allegation made by the defacto complainant is that on 28.07.2022 he parked the vehicle in Sivakasi Court campus and the same was found missing. While searching, the vehicle was found in the Corporation parking area. On enquiry it was found that the above said vehicle has been wrongly taken by the petitioner and left in that area. According to the defacto complainant the entire due amount was paid by the defacto complainant to the finance company. Hence, the complaint. 3.The learned counsel for the petitioners submitted that by mistake only the petitioners have taken away the above said vehicle from the Court premises. He would further submit that the petitioners are innocent and they have been falsely implicated in this case.
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CRL OP(MD). No.14662 of 2022 4.The learned Government Advocate (Crl. Side) for the respondent police submitted that with an intention only the vehicle was taken by the petitioners and the investigation is pending. 5.Considering the nature of offence, the overt act attributed against the petitioners and that the property has been recovered from the petitioners, this Court is inclined to grant anticipatory bail to the petitioners.
6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Thiruthangal, Virudhunagar District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioners 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/- 30/08/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, THIRUTHANGAL, VIRUDHUNAGAR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.
3 THE INSPECTOR OF POLICE, THIRUTHANGAL POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER IN CRL OP(MD) No.14662 of 2022 Date :30/08/2022 TRP RS/VR/SAR.4 (12.09.2022) 2P-5C https://www.mhc.tn.gov.in/judis 2/2