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Madras High CourtCRL OP/11946/2016granted

Joshua v. The Inspector Of Police

2016-06-13Honourable Mr Justice S. Vaidyanathan2 pages

CRL.O.P.No.11946 of 2016 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(a) r/w.24 of T.N.P.Act in Crime No.361 of 2015 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

2. Heard both sides.

3. The case of the prosecution is that the petitioner is alleged to have been found in illegal possession of 15 numbers of Top Star Brandy bottles. Bottles seized.

4. Learned Government Advocate (Crl. Side) would submit that the investigation is pending.

5. Considering the facts and circumstances of the case and taking note of the fact that the quantity is minimal, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Thiruvottiyur 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioner shall report before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation.

S.VAIDYANATHAN,J.

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

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

13.06.2016 msr CRL.O.P.No.11938 of 2016