1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of October Two Thousand Eleven PRESENT The Hon`ble Mr. Justice S.NAGAMUTHU CRL OP(MD) No.13833 of 2011 1 KANNUPANDI 2 SIVA ... PETITIONERS / ACCUSED (RANK NOT KNOWN) Vs STATE, REP. BY THE INSPECTOR OF POLICE DEVATHANAPATTI POLICE STATION, THENI DISTRICT. CR.NO.216 OF 2011. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. N.RANJITH 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 :- Apprehending arrest, at the hands of the respondent police, the petitioners, in Crime No.216 of 2011 on the file of the respondent police for the alleged offence punishable under Section 379 of the Indian Penal Code, have come forward with this petition seeking for anticipatory bail. 2. According to the case of the prosecution, the submersible motor of the de facto complainant was stolen away by the petitioner. The first petitioner has got a previous case in CR.No.104 of 2011 under Secctions 457 and 380 I.P.C. The second petitioner has joined hands with the first petitioner for committing the offence. Sofar as the first petitioner is concerned, since there is a previous case against him, I am not inclined to granted anticipatory bail to the first petitioner. But in respect of the second petitioner, though he is allegedly involved in the offence, there is no previous case against him. Except the confession statement given by one of the accused viz., Jayapandi, there are no other materials connecting him with the crime. The said submersible motor has also been recovered. Due to village dispute, the second petitioner has been implicated in this case. 3. Having regard to the above, I am inclined to grant anticipatory bail only to the second petitioner. This petition, in respect of the first petitioner, is dismissed. 5. Accordingly, the second petitioner is ordered to be released on bail, in the event of arrest or on his appearance before the learned judicial Magistrate, Periyakulam, on executing a bond for a sum of https://hcservices.ecourts.gov.in/hcservices/ 2 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, at 10.30 a.m., for a period of four weeks. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C., scrupulously. sd/- 18/10/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE, PERIYAKULAM. 2. THE CHIEF JUDICIAL MAGISTRATE THENI. 3. THE INSPECTOR OF POLICE DEVATHANAPATTI POLICE STATION, THENI DISTRICT. 4. THE PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. N.RANJITH Advocate SR. No.36243 ORDER IN CRL OP(MD) No.13833 of 2011 Date :18/10/2011 RJ/20.10.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/