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Madras High CourtCRL OP(MD)/12851/2023granted

Chinnaya @ Arunkumar v. The Inspector Of Police

2023-07-14Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Chinnaya @ Arunkumar ... Petitioner/Accused No.2 Vs The State, represented by The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

(Crime No.200 of 2023).

... Respondent For Petitioner : Mr.J.VISHNU, 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.200 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of IPC, in Crime No.200 of 2023 on the file of the respondent police, seeks anticipatory bail. 1/3

2. The case of the prosecution is that the petitioner and other accused took the goat of defacto complainant and at that time, the defacto complainant catched the first accused. Hence, the present complaint.

3. The learned counsel for the petitioner would submit that the goat was recovered from the A1 and on the basis of the confession statement of A1 only, this petitioner is implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that there is no previous case pending against the petitioner.

5. Considering the fact that the petitioner is not involved in any other previous cases, 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, before the learned Judicial Magistrate No.III, Thanjavur District, 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 petitioners shall appear before the concerned Magistrate within a period 2/3

of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 14/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE JUDICIAL MAGISTRATE COURT NO.III, THANJAVUR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.12851 of 2023 Date :14/07/2023 SA/MMS/SAR. /27.07.2023/3P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3