Sundaralingam @ Sundar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). Nos.13761 and 12850 of 2023 Sundaralingam @ Sundar ... Petitioner / Accused Rank not known Vs The Inspector of Police, palayamkottai Police Station, Tirunelveli District.
Crime No.653 of 2023.
... Respondent/Complainant Crl.O.P(MD)No.12850 of 2023 Sundaralingam @ Sundar ... Petitioner / Accused Rank not known Vs The Inspector of Police, Medical College Police Station, Tirunelveli District.
Crime No.112 of 2023.
... Respondent/Complainant 1/5
For Petitioner : M/s.M.Maharaja , Advocate (in both cases) For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) (in both cases) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.653 of 2023 and Crime No. 112 of 2023 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 Sections 379 of IPC, thereafter altered into Sections 379 and 414 of IPC, in both Crime No.653 of 2023 and Crime No.112 of 2023, on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that on 13.04.2023, there are four cases have been registered against the petitioner for missing of two wheelers. Hence the complaint.
3. The learned counsel for the petitioner submitted that because of involvement of the petitioner in one case, all other three cases have been foisted against him. He further submitted that the petitioner is an innocent and he has been falsely implicated in this case and he has not committed any offence as alleged by the prosecution.
2/5
4. The learned Government Advocate (Crl.side) would submit that totally four cases have been registered on the very same day. Out of four cases, in two cases, bail was granted to the petitioner and the present two cases are pending against the petitioner in the investigation stage. In all the matters, properties have been recovered.
5. Considering the facts and circumstances of this case and also the fact that in other two cases, bail has been granted to the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, these Criminal Original Petitions are 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.I, Tirunelveli, 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 second 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. 3/5
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/- 27/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN TO THE JUDICIAL MAGISTRATE NO.I TIRUNELVELI., DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
THE INSPECTOR OF POLICE PALAYAM KOTTAI POLICE STATION, TIRUNELVELI CITY, 4/5
THE INSPECTOR OF POLICE MEDICAL COLLEGE POLICE STATION, TIRUNELVELI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+2 CC to M/s.M.MAHARAJA, Advocate ( SR-11367[I] & 11366 (I)dated 27/07/2023
ORDER
IN CRL OP(MD) No.13761 of 2023 Date :27/07/2023 PKP/MMS/SAR- /14.08.2023/ 5P/ 8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5