CRL OP(MD)/23659/2013 of SHANKAR Vs THE INSPECTOR OF POLICE on 30 December 2013

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Monday, the Thirtieth day of December Two Thousand ThirteenPRESENT

The Hon`ble Mr Justice P.N.PRAKASH

CRL OP(MD) No.23659 & 23661 of 2013

SHANKAR

... PETITIONER/ACCUSED NO.2IN CRL.OP.23659/2013

ANNAKAMU

...PETITIONER/ACCUSED NO.1,IN CRL.OP.23661/2013

Vs

THE STATE REP.BY REP. BY ITS INSPECTOR OF POLICE ALANGANALLUR POLICE STATION, MADURAI DISTRICT.CRIME NO.400 OF 2013 ..RESPONDENT/COMPLAINANT IN BOTH THE PETITIONS

FOR PETITIONER IN CRL.OP.23659/2013 : M/S.B.SUDHA SATHYANAND ADVOCATEFOR PETITIONER IN CRL.OP.23661/2013 : M/S.M.KANNAN ADVOCATEFOR RESPONDENT IN BOTH THE PETITIONS : MR.A.P.BALASUBRAMANIAN, GOVERNMENT ADVOCATE ( CRL. SIDE)

PETITION FOR ANTICIPATORY BAIL UNDER SEC.438 CR.P.C. IN BOTH THE PETITIONSORDER : THE COURT MADE THE FOLLOWING ORDER :- The petitioners in both the petitions apprehending arrest at thehands of the respondent police for the alleged commission of offencespunishable under Sections 379 of I.P.C. in crime No.400 of 2013 and seekanticipatory bail.

2. Learned counsel appearing for the petitioners would submit thatthe alleged occurrence is on 09.12.2013 and the FIR was registered onlyon 13.12.2013. It is alleged that when the de-facto complainant foundthat his house was opened and some gas cylinders and few utensils werefound missing and on suspicion that the petitioners would have stolen thesame, the case has been registered against them.

3. Learned Government Advocate (Crl. Side) would oppose the grant ofanticipatory bail to the petitioners.

4. Heard the learned counsel appearing for the petitioner and thelearned Government Advocate (Crl. Side) appearing for the State and alsoperused the materials available on record.

5. Considering the facts and circumstances of the case, this Court isinclined to enlarge the petitioners on anticipatory bail. Accordingly,the petitioners are ordered to be released on bail in the event of arrestor on their appearance before the learned Judicial Magistrate CourtVadipatti, and on each of them executing a bond for a sum of Rs.10,000/-https://hcservices.ecourts.gov.in/hcservices/(Rupees ten thousand only) with two sureties each for a like sum to thesatisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at10.30 a.m., for a period of two weeks. The petitioners shall complywith the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. The petitioners shall appear before the concerned Magistratewithin a period of 15 days from the date on which the order copy madeready failing which, the petition for anticipatory bail stands dismissed.

sd/-

30/12/2013

/ TRUE COPY /

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

TO

1 THE JUDICIAL MAGISTRATE, VADIPATTI.

2 THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3 THE INSPECTOR OF POLICE, ALANGANALLUR POLICE STATION, MADURAI.

4 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC TO M/S.B.SUDHA SATHYANAND ADVOCATE SR.NO.64439.

+1 CC TO MR.M.KANNAN, ADVOCATE SR.NO.64440.