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Madras High CourtCRL OP(MD)/24342/2015granted

V. Rajendran v. The Inspector Of Police

2015-12-21Honourable Mr Justice S. Vaidyanathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty First day of December Two Thousand Fifteen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.24342 of 2015 V. RAJENDRAN ... PETITIONER/ACCUSED NO.2 Vs STATE REP BY THE INSPECTOR OF POLICE K. PARAMATHI POLICE STATION, KARUR DISTRICT.

(CRIME NO.199 OF 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S R.ALAGUMANI Advocate For Respondent : M/S.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offence punishable under Sections 379 and 511 of IPC, in Crime No.199 of 2015 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that this petitioner and other accused were theft 350 kilograms of the iron rods in the Panchayat Union Office.

3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side) appearing for the respondent.

4.The learned counsel for the petitioner submitted that the petitioner is ready to deposit a sum of Rs.15,000/-(Rupees fifteen thousand only) without prejudice to his rights. 5.Considering the above, I am inclined to grant anticipatory bail to the petitioner. Accordingly, 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 No.II, Karur, 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: https://hcservices.ecourts.gov.in/hcservices/

[a] the petitioner shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter, as and when required for the purpose of interrogation. [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] the petitioner is directed to deposit a sum of Rs.15,000 (Rupees fifteen thousand only) to the credit of Crime No.199 of 2015 before the learned Judicial Magistrate No.II, Karur, on or before 05.01.2016.

[e] On breach of any of the aforesaid conditions, the learned Magistrate 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 himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. 6.The Inspector of Police concerned is directed to send compliance report to the office of the learned Additional Public Prosecutor whether the petitioner is complying with the order or not.

7.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/- 21/12/2015 / 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 THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE K. PARAMATHI POLICE STATION, KARUR DISTRICT.

+1. CC to M/S R.ALAGUMANI Advocate SR.No.76199 RL/6C/AAL/MPA/SARI/23/12/2015

ORDER

IN CRL OP(MD) No.24342 of 2015 Date :21/12/2015 https://hcservices.ecourts.gov.in/hcservices/