BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Eleven PRESENT The Hon`ble Ms.Justice R.MALA CRL OP(MD) No.11788 of 2011 MUTHURAJ ... PETITIONER/ACCUSED NO.3 Vs THE STATE REP. BY THE SUB- INSPECTOR OF POLICE, PULIYANKUDI POLICE STATION, TIRUNELVELI DISTRICT (CRIME NO.372 OF 2011) ... RESPONDENT/COMPLAINANT For Petitioner : M/S. P. MUTHUSAMY Advocate For Respondent : MR.A.RAMAR, Government Advocate(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 457 and 380 I.P.C., in Crime No.372 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 has nothing to do with the alleged commission of offence. He further submitted that the petitioner's name has not been mentioned in the F.I.R., however, on the basis of the confession given by A1, the petitioner was implicated in this case. In the confession statement, it was stated that the petitioner has received a sum of Rs.9,000/- (Rupees Nine Thousand) from A1, which was stolen from the wine shop and hence, he prays for enlargement on anticipatory bail. 3. Refuting the same, the learned Additional Public Prosecutor would submit that a case has been registered in Crime No.372 of 2011 under Sections 457, 380 I.P.C., stating that A1 and A2 have broken the wine shop and stolen a sum of Rs.49,000/- and wine bottles, which was worth about Rs.20,345/- and hence, A1 was arrested and he has given a confession statement, in that he was stated that he handed over a sum of Rs.9,000/- to the petitioner then only, the petitioner was implicated in this case. He further submitted that the investigation is going on and hence, he prays for dismissal of this application. 4. Considering the facts and circumstances of this case and also considering the fact that the occurrence has taken place on https://hcservices.ecourts.gov.in/hcservices/ 14.08.2011 and on the basis of the confession given by A1, the petitioner was implicated in this case as if, he has received a sum of Rs.9,000/- from A1, which was stolen from the wine shop, 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, Sivakiri 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 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, the petition for anticipatory bail stands dismissed. Sd/- 23/09/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO 1 THE JUDICIAL MAGISTRATE SIVAKIRI 2 THE CHIEF JUDICIAL MAGISTATE TIRUNELVELI 3 THE SUB - INSPECTOR OF POLICE PULIYANKUDI POLICE STATION, TIRUNELVELI DT. 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S. P. MUTHUSAMY Advocate SR.No.32906 ssk/28.09.2011 /6c -2p/- ORDER IN CRL OP(MD) No.11788 of 2011 Date :23/09/2011 https://hcservices.ecourts.gov.in/hcservices/