Sundar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Sundar ... Petitioner/Rank Not Known Vs The Inspector of Police, S.S.Colony Police Station, Madurai.
(Crime No.435 of 2024) ... Respondent/Complainant For Petitioner : Mr.S.Vickram, Advocate.
For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.435/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 303(3) of Bharatiya Nyaya Sanhitha 1/5
Act, 2023, in Cr.No.435 of 2024, seeks anticipatory bail. 2.The case of the prosecution is that the defacto complainant is the milk vendor. The two cows of the defacto complainant worth about Rs.50,000/-, were found missing. Hence, the complaint.
3. The learned counsel for the petitioner would submit that petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. Hence, he may be released on anticipatory bail.
4.The learned Government Advocate (Crl.Side) would submit that there are totally 4 accused. The petitioner is arrayed as A2. A1, A3 & A4 were already arrested and still in custody. He would further submit that the investigation is in preliminary stage. But, however, he fairly conceded that the stolen cows have been recovered. 5.Considering the facts and circumstances of the case and also considering the fact that the stolen cows have been recovered, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate V, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) 2/5
with two sureties, each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that: (a) the petitioner is directed to pay a sum of Rs.5,000/- (Rupees Five Thousand only) to the Meenakshi Mission Hospital and Research Centre, Madurai towards the treatment charges of one Bala Ariya (Ch/DD/NEFT Transfer and Google Pay (Canara Bank, Nungambakkam Branch A/c.
No.60182010063310, IFSC.No.CNRB0016018 in favour of Women's Welfare Syndicate), without prejudice to his rights and contentions before the trial Court and produce the receipt before the trial Court.
(b) the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (c)the petitioner shall report before the respondent police daily at 10.30 am for a period of three weeks and thereafter, as and when required for interrogation. (d)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(e)the petitioner shall not abscond either during investigation or trial; (f)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial 3/5
Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 31/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
DSS TO 1 THE JUDICIAL MAGISTRATE NO.V, MADURAI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
3 THE INSPECTOR OF POLICE, S.S.COLONY POLICE STATION, MADURAI.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
4/5
COPY TO:
THE OFFICER INCHARGE, MEENAKSHI MISSION HOSPITAL AND RESEARCH CENTRE, MADURAI.
+1 CC to M/s.S.VIKRAM, Advocate ( SR-9046[I] dated 31/07/2024 )
ORDER
IN Date :31/07/2024 SA/VR/SAR. /23.08.2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5