Kips v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/09/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Kips, ... Petitioner/Accused Vs The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District (Crime No. 207 of 2022).
... Respondent/Complainant For Petitioner : M/s. Sarvagan Prabhu S, Advocate.
For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.207 of 2022 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 Sections 379 of IPC, in Crime No.207 of 2022 on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that on 11.09.2022, the petitioner along with four other accused had stolen away the defacto complainant's goats. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that the 1/3
petitioner shall abide any condition imposed by this Court. 4.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that the petitioner had stolen nine goats and all the goats were recovered. Based on the confession of A3, this petitioner has been arrayed as A5 in this case. 5.Considering the facts and circumstances of the case and also considering the nature of the offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner shall deposit a sum of Rs.
10,000/- (Rupees Ten Thousand only) to the credit of the Chief Justice Relief Fund, payable in Accounts Section of the High Court Registry, Madurai Bench of Madras High Court, Madurai, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the trial Court. 7.On production of such receipt/acknowledgment, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruchendur, Thoothukudi 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 on further conditions that: [a]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 Aadhaar card or bank pass book to ensure their identity.
[b]the petitioner shall report before respondent police daily at 10.30 a.m., until further orders;
[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.
[d]the petitioner shall not abscond either during investigation or trial.
[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial 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]. 2/3
[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 19/09/2022 / TRUE COPY / /09/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. The Judicial Magistrate, Thiruchendur, Thoothukudi District.
2. Do-Through The Chief Judicial Magistrate, Tuticorin District.
3. The Inspector of Police, Kulasekarapattinam Police Station, Thoothukudi District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
Copy to The Section Officer, Accounts Section, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.SARVAGAN PRABHU S, Advocate ( SR-10163[I] dated 19/09/2022 )
ORDER
IN CRL OP(MD) No.16752 of 2022 Date : 19/09/2022 TR/GB/SAR-II(28.09.2022) 3P 7C 3/3