← Library
Madras High CourtCRL OP(MD)/19993/2022granted

Arafath v. The Inspector Of Police

2022-11-11Honourable Mr Justice A.A.Nakkiran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/11/2022 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN CRL OP(MD). No.19993 of 2022 Arafath ... Petitioner/Accused (Rank Not Known) Vs State rep.by The Inspector of Police, Perunali Police Station, Ramanthapuram District.

(Crime No.43 of 2021).

... Respondent/Complainant For Petitioner : M/s.Senthil Murugan C, Advocate. For Respondent : Mr.M.Veeranthiran, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.43 of 2021 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 379 IPC in Crime No.43 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that the de-facto complainant is having 300 goat and on 13.03.2021, he found that two goats were missing. 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 this is the petitioner's second application and the earlier application was dismissed by this Court on 29.09.2022 in Crl.O.P.(MD)No.16888 of 2022. Hence, he prays for anticipatory bail.

4.The learned Government Advocate (Crl.side) appearing for the respondent police would submit that the petitioner had stolen away the de-facto complainant's two goats worth about Rs.10,000/- and the petitioner's earlier application was dismissed by this Court on 29.09.2022 in Crl.O.P.(MD)No.16888 of 2022. Hence, he prayed for dismissal of this petition.

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 pay a sum of Rs.1,000/- (Rupees One Thousand only) to the credit of Headmistress, Panchayat Union Primary School, Madurai East (Account No.10111536270, IFSC Code: SBIN0002246, State Bank of India, Othakadai Branch, Madurai), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgement before the learned Judicial Magistrate, Kamuthi.

7.On production of such receipt, 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, Kamuthi, 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 Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner shall report before the respondent police daily at 10.30 am until further orders.

(c)the petitioner shall not tamper with 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]; and;

(f)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

Sd/- 11/11/2022 / TRUE COPY / /11/2022 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

sji TO

1. THE JUDICIAL MAGISTRATE, KAMUTHI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, PERUNALI POLICE STATION, RAMANATHAPURAM DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE HEADMISTRESS, PANCHAYAT UNION PRIMARY SCHOOL, MADURAI EAST.

+1. CC to M/S.SENTHIL MURUGAN C Advocate SR.No.12859

ORDER

IN CRL OP(MD) No.19993 of 2022 Date :11/11/2022 SP/BUC/SAR III/18/11/2022/3P/7C