Dinesh v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12185 of 2023 Dinesh, ... Petitioner/Accused Rank not known

Vs The State, represented by The Inspector of Police, Kallaperambur Police Station, Thanjavur District. (Crime No.71 of 2023). ... Respondent/Complainant For Petitioner : Mr.K.M.Karunakaran, 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.71 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused rank not known, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 of I.P.C, in Crime No.71 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2On the basis of the complaint given by the defacto complainant, this case has been registered, alleging that two wheeler bearing Registration No.TN 49 BK 3072 was found missing, which was parked neary by Vaishnavi Garden.

¶4The learned Government Advocate (Crl. Side) for the respondent Police submitted that during the course of investigation, the accused No.1 was arrested and was also given confession statement, upon which, the petitioner is implicated in the above said case. The above said property was recovered. Further he would submit that the petitioner is not involved in any other offences and the first and third accused are still in custody.

¶5Considering the fact that the petitioner is not involved in any other case, which are similar in nature and the property was recovered, this Court is inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.II, Thanjavur, 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 the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

¶7The petitioners 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/- 05/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. INDU TO 1 THE JUDICIAL MAGISTRATE NO.II THANJAVUR 2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT. 3 THE INSPECTOR OF POLICE KALLAPERAMBUR POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-10223[I] dated 05/07/2023 ) ORDER IN CRL OP(MD) No.12185 of 2023 Date :05/07/2023 SS/08/07/2023/2P/6C