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Madras High CourtCRL OP(MD)/19637/2019granted

Manikandan v. The Inspector Of Police

2020-01-06Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.19637 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.19637 of 2019 MANIKANDAN ... PETITIONER/ACCUSED NO.5 VS STATE REP. BY THE INSPECTOR OF POLICE, ERANIEL POLICE STATION, KANNIYAKUMARI DISTRICT , (CRIME NO.250/2019).

... RESPONDENT/COMPLAINANT For Petitioner : M/s.P.Kalaiyarasi Bharathi, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.250 of 2019 on the file of the respondent ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences under section 379 of I.P.C., in Crime No.250 of 2019 on the file of the respondent police, seeks anticipatory bail.

3. It is a case of involving theft of 37 doves worth about Rs.80,000/-. The other three accused in this case were arrested and enlarged on bail on condition that each of them will deposit a sum of Rs.25,000/-.

The total value is Rs.80,000/-.

Rs.75,000/- has already been directed to be deposited. Therefore, the petitioner's counsel states that he would deposit the balance https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.19637 of 2019 amount of Rs.5,000/. The petitioner's counsel on instructions gives an undertaking that the petitioner will deposit a sum Rs.5,000/- to the credit of Crime No.250 of 2019 registered on the file of Eraniel Police Station before the Jurisdictional Magistrate. Disbursal of the said amount will depend upon the outcome of the criminal proceedings.

4. Recording the said undertaking, I am 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, Eraniel, and on his executing 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 condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. 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 shall stand dismissed.

sd/- 06/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ERANIEL.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3 THE INSPECTOR OF POLICE ERANIEL POLICE STATION, KANNIYAKUMARI DISTRICT.

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

+1 CC to M/s.P.KALAIYARASI BHARATHI, Advocate ( SR-205[I] dated 06/01/2020 )

ORDER

IN CRL OP(MD) No.19637 of 2019 Date :06/01/2020 IAS JM/PN/SAR 1/20.01.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2