BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of December Two Thousand Eleven PRESENT The Hon`ble Mr.Justice V.PERIYA KARUPPIAH CRL OP(MD) No.16907 of 2011 JEYASINGH : PETITIONER/UNNAMED ACCUSED Vs. THE STATE REP.BY THE SUB-INSPECTOR OF POLICE PUDUKADAI POLICE STATION, KANYAKUMARI DISTRICT. CRIME NO.570/2011 : RESPONDENT/COMPLAINANT For Petitioner : M/S. C.RAJA KUMAR Advocate For Respondent : Mr. K.S.DURAI PANDIAN Additional Public Prosecutor 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 offences under Sections 457 and 380 I.P.C., in Crime No.570 of 2011 on the file of the respondent police and seeks anticipatory bail. 2. Heard Mr.C.Raja Kumar, learned counsel for the petitioner and Mr.K.S.Duraipandian, learned Additional Public Prosecutor appearing for the respondent State. 3. According to the submission of the learned counsel for the petitioner, the petitioner is ranked as A1 in the F.I.R and the petitioner is an innocent person and he is not an accused. He would further submit in his argument that the petitioner is affected by epilepsy for 10 years and is taking treatment and therefore, he would not abscond from the clutches of law. He would further submit in his argument that the petitioner is ready to abide any conditions likely to be imposed against him. He would further submit that the alleged materials said to have been stolen have already been recovered from the second accused. 4. The learned Additional Public Prosecutor would submit in his argument that the petitioner has joined with the second accused and had stolen away the materials to the extent of 70 boxes of coconut oil, each back containing 10 liters of coconut oil. However, the said packages have been recovered from the second accused and the second accused had also given a confession confirming the participation of the petitioner in the alleged offence. He would further submit that there is no merit for the petitioner, if for any reason, the petitioner is granted anticipatory bail, suitable https://hcservices.ecourts.gov.in/hcservices/ conditions may be imposed for continuing the investigation or interrogation of the petitioner. 5. Considering the submissions made by both sides, this Court could see that there is no previous case for the petitioner and the petitioner is affected by epilepsy for the past 10 years and he would not abscond from the clutches of law. However, the investigation is pending and therefore, the petitioner is directed to appear for investigation whenever, the respondent police is required him. Therefore, I could see that the petitioner's presence has been secured by imposing suitable conditions and hence, this Court is inclined to grant anticipatory bail to the petitioner with stringent conditions. 6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate Court No.II, Kuzhithurai 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 appear before the respondent police daily in the morning as well as the evening at 10.30 a.m. and 5.30 p.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 7. 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/- 22/12/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1. THE JUDICIAL MAGISTRATE NO.2, KUZHITHURAI. 2. -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL. 3. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4. THE SUB-INSPECTOR OF POLICE PUDUKADAI POLICE STATION, KANYAKUMARI DISTRICT. +1 CC to M/S. C.RAJA KUMAR Advocate SR.No.45406 ORDER IN CRL OP(MD) No.16907 of 2011 Date :22/12/2011 NSV/26.12.11/2P/6C https://hcservices.ecourts.gov.in/hcservices/