The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner in a case under Section 379 IPC. The grant was conditional upon the surrender of unrecovered vehicles and compliance with statutory conditions and timeframe.
Anticipatory bail granted with undertaking to hand over vehicles and bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )
Thursday, the Nineteenth day of April Two Thousand Eighteen
PRESENT
The Hon`ble Mr.Justice G.R.SWAMINATHAN
CRL OP(MD) No.6347 of 2018
P.V.RAJENDRAN ... PETITIONER/SOLE ACCUSED
STATE REPRESENTED BY, THE INSPECTOR OF POLICE BAZAAR POLICE STATION RAMANATHAPURAM DISTRICT CRIME NUMBER.NO.81/2018 ... RESPONDENT/COMPLAINANT
For Petitioner : M/S.G.THIRUVARUTSELVAM for
JURY BRAIN LAW OFFICES, Advocate
For Respondent : M/S.A.ROBINSON, 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 offences under Sections 379 of IPC in Crime No.81 of 2018, seeks anticipatory bail.
2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl Side) appearing for the respondent.
3.When the matter was taken up for hearing, the learned Government Advocate (Crl side) appearing for the respondent submits that one lorry and Hitachi are yet to be recovered.
4.The learned counsel appearing for the petitioner submits that the vehicles are very much with the petitioner. He undertakes to hand over the same to the respondent Police at the time of surrender.
https://hcservices.ecourts.gov.in/hcservices/ 5.Recording this undertaking, this anticipatory bail is granted to the petitioner with certain conditions. Accordingly, the
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petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Ramanathapuram 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 appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.
sd/19/04/2018 / TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023. TO
PK/CSL/VK/24.04.2018 : 2P/6C
1 issue framed by the court
Whether anticipatory bail should be granted under Section 438 Cr.P.C. given the apprehension of arrest for theft and non-recovery of vehicles.
1 provisions across 1 enactments
P.V.RAJENDRAN
STATE
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
