1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Tenth day of November Two Thousand Eleven PRESENT The Hon`ble Mr. Justice S.NAGAMUTHU CRL OP(MD) No.14523 of 2011 MURUGAN ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP. BY THE SUB INSPECTOR OF POLICE PAZHAVOOR POLICE STATION, TIRUNELVELI DISTRICT. CR.NO. 197/2011 ... RESPONDENT / COMPLAINANT For Petitioner : M/S. C.CHRISTOPHER Advocate For Respondent : MR.K.S.DURAIPANDIAN, Addl. Public Prosecutor (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner is the second accused in Crime No.197 of 2011 on the file of the respondent police, for offences under Section 379 I.P.C. Apprehending arrest at the hands of the respondent police, the petitioner has come up with this petition, seeking anticipatory bail. 2. According to the case of prosecution, electric motor and wire belonged to the de-facto complainant were stolen away. On the complaint of the de-facto complainant, the case was registered for offence under Section 379 I.P.C. During the course of investigation, the first accused was arrested, from whom the stolen articles were recovered. 3. The learned counsel appearing for the petitioner would deny the above allegation. According to him, the petitioner is an innocent person and he has been falsely implicated in this case at the instigation of his enemies. 4. I have considered the above submissions. 5. It is brought to my notice that the first accused in this case was released on bail by the jurisdictional Magistrate and he had been in judicial custody for more than 56 days and the investigation would have made substantial progress and there is no incriminating materials against the petitioner and the stolen articles have already been recovered from the first accused and there is no previous case against the petitioner. 6. Having regard to the above facts and all other attendant circumstances, I am inclined to grant anticipatory bail to the petitioner, but with conditions. https://hcservices.ecourts.gov.in/hcservices/ 2 7. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate, Valliyoor 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall report before the respondent police every day at 10.30 a.m., for a period of eight weeks, without fail. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C scrupulously. sd/- 10/11/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, VALLIYOOR. 2. THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI. 3. THE SUB INSPECTOR OF POLICE PAZHAVOOR POLICE STATION, TIRUNELVELI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. C.CHRISTOPHER Advocate SR. No.38897 ORDER IN CRL OP(MD) No.14523 of 2011 Date :10/11/2011 RJ/14.11.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/