BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixteenth day of September Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.9797 of 2011 SUDHAKAR ... PETITIONER/ACCUSED Vs INSPECTOR OF POLICE KARIMEDU POLICE STATION(CRIME) MADURAI CITY CR.NO.1026/2011 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. B.CHANDRAMOHAN Advocate For Respondent : A.RAMAR, ADDITIONAL PUBLIC PROSECUTOR, ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 IPC altered into Section 411 IPC in Crime No.1026 of 2011 on the file of the respondent police and hence seeks anticipatory bail. 2. The learned counsel for the petitioner would submit that the petitioner is arrayed as A2 in Crime No.1026 of 2011 under Sections 379 IPC altered into Section 411 IPC stating that the defacto complainant's bike was stolen by the unknown persons, He further submitted that he was arrayed as an accused in another case, at that time, he was falsely implicated in this case. He further submitted that the petitioner is only the vehicle broker and the stolen property was not recovered by him and hence, he prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit that the petitioner was arrayed as an Accused in Crime No.134 of 2011 by the Sedapatty Police Station and during the confession, the stolen vehicle has been seized from the police station, He further submitted that except this case, other two cases are pending against him and the investigation is going on and hence, he prays for dismissal of this application, 4. Considering the rival submissions made by both sides and also considering the fact that the occurrence has been taken place on 23.03.2011, however, the complaint has been given on 23.04.2011 and the stolen property has been recovered and the petitioner is only a vehicle broker and even though he was not arrested neither he interfered with the investigation nor absconded from the jurisdiction I am inclined to grant anticipatory bail to the petitioner, with certain conditions. 5. Accordingly the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate NO.V, Madurai and on 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 on further condition that the petitioner shall report before the court concerned daily at https://hcservices.ecourts.gov.in/hcservices/ 10.30 am., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulosly. 6. The 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/- 16/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.V, MADURAI 2. THE CHIEF JUDICIAL MAGISTRATE, MADURAI 3. INSPECTOR OF POLICE KARIMEDU POLICE STATION(CRIME) MADURAI CITY 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. B.CHANDRAMOHAN Advocate SR.No.31823 GH : 20.09.2011 : 2p/6c ORDER IN CRL OP(MD) No.9797 of 2011 Date :16/09/2011 https://hcservices.ecourts.gov.in/hcservices/