Ramkumar v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Ramkumar ... Petitioner / Sole Accused Vs

¶1The Inspector of Police, Bazaar Police Station, Ramanathapuram District. (Crime No.188 of 2023) ... 1st Respondent / Complainant

¶2Veerammal ... 2nd Respondent (R2 is Suo-Motu Impleaded as Per Order of the Court dated 06/07/2023 in Crl.O.P(MD)11987 of 2023.) For Petitioner : M/s. Anand R., Advocate. For Respondent : Mr.S.Manikandan,

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 188/2023 on the file of the Respondent police. ORDER : The Court made the following order :- The petitioner, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 380 of IPC, in Crime No.188 of 2023, on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 05.05.2023, the defacto complainant went to her daughter's house. At that time, she said to have kept 15 sovereigns of gold jewels in bureau. On 12.06.2023, she returned back to home and found that the aforesaid jewels were missing. The defacto complainant suspected that the petitioner took away the jewels. The petitioner is none other than the defacto complainant's son. Hence, the complainant.

¶3The learned counsel for the petitioner submits that the petitioner is an innocent and he has not committed any offence as alleged by the prosecution. He further submitted that due to previous enmity, the present complaint has been given by the defacto complainant.

¶4The learned Government Advocate(Crl.Side) appearing for the respondent submits that petitioner and the defacto complainant are mother and son. With regard to partition of the property, even final decree was passed, continuos trouble arose between the parties. He further submitted that because of the continuos trouble, several cases have been registered against the parties.

¶5Considering the facts and the circumstances of this case and also considering the relationship between the parties, this Court is inclined to grant anticipatory bail to the petitioner, however, with stringent conditions.

¶6Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate No.I, Ramanathapuram, 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 the petitioner shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

¶7The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail will stand dismissed.

sd/-

09/08/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. TTA To

1.The Judicial Magistrate No.I, Ramanathapuram.

2.Do through the Chief Judicial Magistrate, Ramanathapuram District.

3.The Inspector of Police, Bazaar Police Station, Ramanathapuram District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R.ANAND, Advocate ( SR-12132[I] dated 10/08/2023 ) ORDER IN CRL OP(MD) No.11987 of 2023 Date :09/08/2023 ED/VR/SAR- (18/08/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023