Kathirvel, v. The State Rep. By
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of March Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) Nos.2147, 2148, 2149, 2150 and 2151 of 2017 KATHIRVEL, ... PETITIONER / ACCUSED No.3 in all the petitions Vs THE STATE REP. BY THE INSPECTOR OF POLICE, THENNILAI POLICE STATION, THENNILAI, KARUR DISTRICT.
(CRIME NO.26 OF 2014) ... RESPONDENT / COMPLAINANT in Crl.OP.(MD).NO.2147 of 2017 THE STATE REP.BY THE INSPECTOR OF POLICE, K.PARAMATHI POLICE STATION, K.PARAMATHI, KARUR DISTRICT (CRIME.NO.34 OF 2014) ...RESPONDENT/COMPLAINANT in Crl.OP.(MD).No.2148 of 2017 (CRIME.NO.35 OF 2014) in Crl.OP.(MD).No.2149 of 2017 (CRIME.NO.33 OF 2014) in Crl.OP.(MD).No.2150 of 2017 (CRIME.NO.32 OF 2014) in Crl.OP.(MD).No.2151 of 2017 For Petitioner : M/S.N.ANANDA KUMAR Advocate in all the petitions For Respondent : Mr.P.Kandasamy, Govt. Advocate ( Crl. Side) in all the petitions PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner in all the petitions, who is arrayed as accused No.3, in Crime Nos.26, 34, 35, 33 and 32 of 2014 respectively on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 IPC, which is now pending in C.C.Nos.241 of 2015, 6, 7, 8 and 9 of 2016 respectively on the file of the Judicial Magistrate No.II, Karur, seeks anticipatory bail.
2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent/State. 3.The learned counsel for the petitioner submitted that the petitioner did not involve in the offence as alleged by the prosecution and the petitioner is innocent and he is no way connected with the offence.
4.The learned Government Advocate (Crl. Side) on instructions submitted that totally there are three accused in this case and the petitioner in all the cases is arrayed as A.3. Absconding chargesheet was filed in respect of A.2 and A.3 respectively in C.C.Nos.241 of 2015, 6, 7, 8 and 9 of 2016 respectively on the file of the Judicial Magistrate No.II, Karur. He has further submitted that out of 14 goats, five goats were secured from A.1 in Crime No.26 of 2014. A.1 in all the cases, was arrested and released on bail by the concerned Judicial Magistrate and A.1 alone is appearing before the concerned Court regularly.
5.Considering the above facts and circumstances of the case and also considering the fact that the petitioner is shown as absconding accused and no goat is secured from the petitioner herein in these cases and co-accused-A.1, from whom five goats were secured, was released on bail, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Karur and executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), in each case, with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall appear before the Judicial Magistrate No.II, Karur daily at 10.30 a.m., until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.
6.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 petitions for anticipatory bail stand dismissed.
sd/- 01/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, KARUR 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT 3 THE INSPECTOR OF POLICE, THENNILAI POLICE STATION, THENNILAI, KARUR DISTRICT.
4 THE INSPECTOR OF POLICE, K.PARAMATHI POLICE STATION, K.PARAMATHI, KARUR DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.N.ANANDA KUMAR Advocate SR.No.12002 SM:PM-PN:SAR 1:03.03.2017:2p/7c
ORDER
IN CRL OP(MD) NoS.2147, 2148, 2149, 2150 AND 2151 of 2017 Date :01/03/2017