Benjamin, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11021 of 2015 BENJAMIN ... PETITIONER/ACCUSED NO.1 Vs STATE REP.BY THE INSPECTOR OF POLICE SATHANKULAM POLICE STATION, SATHANKULAM, THOOTHUKUDI DISTRICT.

CRIME NO.257 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.A.EBENEZER Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused No.1 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 4(1)(a) and 4(1)(I) of Tamil Nadu Prohibition Act and Section 353 and 506(ii) of I.P.C., in Crime No.257 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the accused had sold the liquor outside the bar and when it was questioned, they threatened the de-facto complainant.

3. The learned counsel for the petitioner submitted that the petitioner was working as supervisor in the bar and the liquor was sold by the second accused and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl.side) submitted that the petitioner is having one previous case and the second accused was https://hcservices.ecourts.gov.in/hcservices/ arrested and remanded to judicial custody.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with

certain conditions. 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, Sathankulam 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 appear before the respondent police daily at 10.00 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.The sd/- 18/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE SATHANKULAM.

2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI.

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

4 THE INSPECTOR OF POLICE SATHANKULAM POLICE STATION, SATHANKULAM, THOOTHUKUDI DISTRICT.

+1. CC to M/S.T.A.EBENEZER Advocate SR.No.31716 AKM/AMF/24.06.15/2P-6C/

ORDER

IN CRL OP(MD) No.11021 of 2015 Date :18/06/2015 https://hcservices.ecourts.gov.in/hcservices/