Vijay v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Vijay ... Petitioner/Accused ( Rank Not Known) Vs The State, represented by The Inspector of Police, Guzhiamparai Police Station, Dindigul District.
(Crime No.78 of 2023).
... Respondent/Complainant For Petitioner : Mr.R.MATHIYALAGAN, 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.78 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused rank not known, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 of I.P.C, in Crime No.78 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 25.04.2023 at about 10.30 p.m., when the 1/4
defacto complainant went to wine shop at Palaiyam along with first accused, the first accused with other accused stolen Rs.2,000/- by transferring the amount to the mobile number (i.e) 7010315169 from the defacto complainant's account. Further, they stolen Rs.4,500/- from the defacto complainant's pocket. Hence, the complaint. 3 The learned counsel for the petitioner would submit that the entire amount was recovered from the accused Nos.1 and 2, who are released on bail by the learned Judicial Magistrate, Vedasandur. The petitioner is ready to deposit Rs.6,500/- before the trial Court concerned.
4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that the accused Nos.1 and 2 are released on bail by the concerned trial Court.
5. Considering the facts and circumstances of this case and the antecedents of the petitioner and his willingness to pay a sum of Rs.6,500/- (Rupees Six Thousand Five Hundred only) to the credit of this Crime Number before the concerned trial Court, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.6,500/- (Rupees Six Thousand Five Hundred only) to the credit of Cr.No.78 of 2023 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court. 2/4
7. On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Vedasandur, 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.
8. 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/- 11/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO 1 THE JUDICIAL MAGISTRATE, VEDASANDUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.
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3 THE INSPECTOR OF POLICE, GUZHIAMPARAI POLICE STATION, DINDIGUL DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.R.MATHIYALAGAN, Advocate ( SR-12236[I] dated 14/08/2023 ) ORDER IN CRL OP(MD) No.14674 of 2023 Date :11/08/2023 SA/DD/SAR. /29.08.2023/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4