BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of August Two Thousand Eleven PRESENT THE HON`BLE MS.JUSTICE R.MALA CRL OP(MD) No.10575 of 2011 S.MOHAMMED SAMEER ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE INSPECTOR OF POLICE CBCID, IDOL THEFT WING, NO.C-48, II AVENUE, TNHB COMPLEX 3RD FLOOR, ANNA NAGAR, CHENNAI-600 040, IN CRIME NO.2 OF 2010. ... RESPONDENT/COMPLAINANT For Petitioner : M/S. J.SELVAM Advocate For Respondent : MR.A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Accused apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 5 and 17 of Antiquities and Art Treasures Act, 1972, in Crime No.2 of 2010 on the file of the respondent police and hence, seeks anticipatory bail. 2.The learned Counsel for the petitioner would submit that the petitioner’s name has not been mentioned in the FIR but only on the basis of the statement given by one Padmanabhan who is one among accused in Crime No.2 of 2010 the petitioner apprehends arrest and hence, he prays for enlargement on anticipatory bail. 3.The learned Additional Public Prosecutor (Crl.Side) fairly concedes that the petitioner’s name has not been mentioned in the FIR and the investigation is going on and hence he prays for dismissal of the petition. 4.Considering the facts that the petitioner's name is not found place in the F.I.R and only on the basis of confession statement given by one Padmanabhan who is one among the accused in Crime No.2 of 2010 the petitioner was implicated and only the case has been registered in the year 2010 and even though the petitioner was not arrested he neither https://hcservices.ecourts.gov.in/hcservices/ 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.IV, Tirunelveli, and on his 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 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 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, anticipatory bail petition stands dismissed. sd/- 29/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1. THE JUDICIAL MAGISTRATE NO.IV, TIRUNELVELI. 2. -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3. THE INSPECTOR OF POLICE CBCID, IDOL THEFT WING, NO.C-48, II AVENUE, TNHB COMPLEX 3RD FLOOR, ANNA NAGAR, CHENNAI-600 040. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to M/S. J.SELVAM Advocate SR.No.29463 SR : 06.09.2011 : 2p/6c ORDER IN CRL OP(MD) No.10575 of 2011 Date :29/08/2011 https://hcservices.ecourts.gov.in/hcservices/