CRL OP(MD). No.1164 of 2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 23/01/2023

PRESENT

The Hon`ble Mr.Justice A.D.JAGADISH CHANDIRA

CRL OP(MD). No.1164 of 2023

1. Thangapandi

2. Meenakshi Sundaram ... Petitioners/Accused Rank

not known

Vs

The State rep.by,

The Inspector of Police,

Allinagaram Police Station,

Theni District

(Crime No.8 of 2023). ... Respondent/Complainant

For Petitioner : M/s.Jeganathan.C,

Advocate.

For Respondent : Mr.P.Kottaichamy,

Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C

PRAYER :-

For Anticipatory Bail in Crime No.8 of 2023 on the file of the

respondent police

ORDER : The Court made the following order :-

The petitioners/Accused, who apprehend arrest at the hands of

the respondent police for the offences punishable under Section 379

of I.P.C., in Crime No. 8 of 2023, on the file of the respondent

police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners committed

theft of lorry and tractor from the husband of the de-facto

complainant. Hence, the case.

3.The learned counsel for the petitioners would submit that due

to a financial dispute between one Nandhakumar and the de-facto

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CRL OP(MD). No.1164 of 2023

complainant, a false complaint has been given. He would further

submit that the vehicles have now been recovered and there is no

previous case pending against them and hence, he would seek for

anticipatory bail.

4.The learned Government Advocate (Crl. side) would submit that

due to financial dispute, the petitioners committed of lorry and

tractor belonging to the de-facto complainant and hence, he would

oppose for grant of anticipatory bail. However, he would also submit

that the vehicles have been recovered and there is no previous case

pending against the petitioners.

5.Heard. Perused the materials available on record including

the First Information Report.

6.Taking into consideration of the facts and circumstances of

the case, this court is inclined to grant anticipatory bail to the

petitioners with certain conditions:

7.Accordingly, the petitioners are ordered to be released on

bail in the event of arrest or on their appearance, within a period

of fifteen days from the date on which the order copy made ready,

before the learned Judicial Magistrate, Theni, Theni District, on

condition that the petitioners shall execute a bond for a sum of

Rs.10,000/- (Rupees Ten Thousand only) each 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, failing which, the petition for

anticipatory bail shall stand dismissed and on further condition

that:

[a] the petitioners and the sureties shall affix their

photographs and Left Thumb Impression in the surety bond and the

Magistrate may obtain a copy of their Aadhar card or Bank Pass Book

to ensure their identity.

[b] the petitioners shall report before the respondent Police,

daily at 10.30 a.m., until further orders.

[c] the petitioners shall not tamper with evidence or witness

either during investigation or trial.

[d] the petitioners shall not abscond either during

investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned

Magistrate/Trial Court is entitled to take appropriate action

against the petitioners in accordance with law as if the conditions

have been imposed and the petitioners released on bail by the

learned Magistrate/Trial Court himself as laid down by the Hon'ble

Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].

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CRL OP(