Madeshwaran @ Magesh v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Madeshwaran @ Magesh ... Petitioner/Accused No.3

Vs. The State rep.by, The Inspector of Police, Velayuthampalayam Police Station, Karur District, Crime No.339/2023. ... Respondent/Complainant For Petitioner : M/s.Santhanam Rajesh Kumar.B,

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.339 of 2023 on the file of the respondent police ORDER : The Court made the following order :- The petitioner/Accused No.3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 380, 109, 411 of IPC and Section 83(ii) of Juvenile Justice Act, in Crime No.339 of 2023, on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 29.07.2023 at about 10.00 a.m., when the defacto complainant going to take bath after plugging his Laptop, it was stolen by the accused No.2 and sold to the accused No.1. In Pooja Mobile Shop, running by the accused NO.1, he found the above said Laptop. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

¶4The learned Government Advocate (Crl. Side) for the respondent police submitted that the laptop and one mobile phone have been recovered from the first accused. So far this petitioner is concerned based upon the confession of first accused, he has been implicated in this case. In the confession of the first accused, it has been stated that one boy gave four mobile phones to the petitioner and whereabouts of the above said mobile phones was not known. So far in respect of the above said mobile phones, no complaint has been received from any one.

¶5Considering the nature of offence and the overt act attributed against the petitioner, 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, 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 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 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/-

04/08/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. tm TO

¶1The Judicial Magistrate No.II, Karur, Karur District.

¶2Do-Through The Chief Judicial Magistrate, Karur District.

¶3The Inspector of Police, Velayuthampalayam Police Station, Karur District.

¶4The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. ORDER IN CRL OP(MD) No.14240 of 2023 Date :04/08/2023 RK/VR (25/08/2023) 4P /5 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023