Arumugam T v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN T.Arumugam ... Petitioner / Accused No.1 Vs The State represented by The Inspector of Police, Thisayanvilai Police Station, Tirunelveli, Crime No.62 of 2023. ... Respondent / Complainant For Petitioner : M/s.S.Suresh Manickam,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.62 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 of IPC in Crime No.62 of 2023, on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 16.02.2023, three goats were missing from the herd of the defacto complainant. Hence he gave a complaint, suspecting the petitioner herein and one accused.

¶3The learned counsel for the petitioner would submit that the second accused is still absconding but this petitioner is a local resident. He was also an employee with the defacto complainant. On the date of alleged occurrence, both were in the same place but on the next day, when the goats were found missing, the second accused also absconded. He is working under the defacto complainant and he is not involved in the theft of goat. The learned counsel for the petitioner would submit that on this basis, the petitioner cannot be compelled to deposit the amount, since he is also stated to be a poor person. On the ground, he wants to withdraw this Criminal Original Petition.

¶4Accordingly, this Criminal Original Petition is dismissed as withdrawn with liberty to revive the application when the second accused is secured. sd/- 01/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. PNN TO THE INSPECTOR OF POLICE THISAYANVILAI POLICE STATION, TIRUNELVELI. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. ORDER IN CRL OP(MD) No.13436 of 2023 Date :01/08/2023 PKP/BUC/SAR-4/18.08.2023/ 3P/ 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023