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Sathish Kumar v. The Sub Inspector of Police

Madras HC24 Jun 2021CRL OP(MD)/8263/2021

Case brief

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What is this about?

The Madras High Court granted anticipatory bail to the accused who was apprehended of stealing goats with a co-accused. The court held custodial interrogation unnecessary due to the recovery of stolen property and imposed strict reporting and surety conditions.

What did the court decide?

Petitioner released on bail upon executing a bond for Rs.10,000 with two sureties for Rs.10,000 each, subject to strict conditions including daily reporting and no tampering with evidence.

Sathish Kumar Vs The Sub Inspector of Police — Cheating and Forgery | Madras HC (2021)

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CRL OP(MD). No.8263 of 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction )

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Date : 24/06/2021

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PRESENT

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The Hon`ble Mr.Justice G.CHANDRASEKHARAN

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CRL OP(MD). No.8263 of 2021

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Sathish Kumar ... Petitioner/Accused No.2

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Vs State rep.by, The Sub Inspector of Police, Aruppukottai Taluk Police Station, Virudhunagar District. In Crime No. 46 of 2021. ... Respondent/Complainant

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For Petitioner : Mr.M.Jothibasu, Advocate. For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side)

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

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PRAYER :-

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For Anticipatory Bail in Crime No.46 of 2021 on the file of the Respondent Police.

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ORDER : The Court made the following order :-

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The petitioner/A.2, apprehending arrest at the hands of the respondent police for the alleged offences punishable under section 379 I.P.C., in Crime No.46 of 2021 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the defacto complainant was rearing goats. On 15.05.2021, five goats were stolen and continuously four goats reared by one Karuppasamy, two goats reared by one Rajakarungan and two goats reared by one Perumal had been stolen within a short time. On 09.06.2021 at about 03.00p.m., they found the accused Thangamani with two goats in a bag and on enquiry, he admitted that he had stolen the goats along with the accused Sathish Kumar. Therefore, he was apprehended along with his two wheeler bearing Registration No.TN-67-BK-4421 and handed over to the police.

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The learned Counsel for the petitioner submitted that the petitioner is innocent and he is implicated in this case on the https://hcservices.ecourts.gov.in/hcservices/

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CRL OP(MD). No.8263 of 2021

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basis of the confession statement of the co-accused. The goats alleged to have been stolen were recovered.

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The learned Government Advocate (Crl.Side) appearing for the State opposes this petition on the ground that the investigation in this case is not yet completed. He also conceded that the stolen goats were recovered.

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Considering the fact that the stolen goats had been recovered, this Court is of the considered view that the custodial interrogation of the petitioner is not necessary. Therefore, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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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, Aruppukottai, within a period of fifteen days from the date of receipt of a copy of this order, 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 said Magistrate and on further condition that:

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[a] the petitioner 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.

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[b] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders.

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[c]the petitioner shall not tamper with evidence or witness either during investigation or trial.

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[d] the petitioner shall not abscond either during investigation or trial.

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[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner 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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[f] If the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

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/ TRUE COPY /

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/ /2021

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https://hcservices.ecourts.gov.in/hcservices/

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Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,

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CRL OP(MD). No.8263 of 2021

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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

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1.THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI.

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2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

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3.THE SUB INSPECTOR OF POLICE, ARUPPUKOTTAI TALUK POLICE STATION, VIRUDHUNAGAR DISTRICT.

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4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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+1. CC to Mr.M.JOTHIBASU, Advocate SR.No.4157

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SSL

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PK/VR/SAR-III/29.06.2021 : 3P/6C

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https://hcservices.ecourts.gov.in/hcservices/

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Sathish Kumar v. The Sub Inspector of Police

Case brief

What is this about?

What did the court decide?

Sathish Kumar v. The Sub Inspector of Police

Case brief

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