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Madras High CourtCRL OP(MD)/12660/2015allowed

S. Sarathkumar v. The Inspector Of Police

2015-08-05Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifth day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.12660 of 2015 1 S. SARATHKUMAR 2 KOORIRAJA 3 VASANTHAKUMAR ... PETITIONERS/ACCUSED Rank A2 to A4 Vs State rep.BY THE INSPECTOR OF POLICE BAZAR POLICE STATION, RAMANATHPAURAM, RAMANATHAPURAM DISTRICT.

CRIME NO.128 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S. R. MURUGAN Advocate For Respondent : S.PRABHA Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who are arrayed as A2 to A4, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 457 and 380 I.P.C. in Crime No.128 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that on 22.04.2015 at about 01.00 a.m the petitioners along with one Muthupandi are said to have opened the Brandy shop at Soorankottai and some of the bottles are taken and consumed by all the accused. Hence, a case has been registered against the petitioners.

3. The learned Counsel appearing for the petitioners submits that they are falsely implicated in this case and on the basis of the confession of A1 the petitioners have been implicated in this case. He further submits that the petitioners are innocent and they have been falsely implicated in this case.

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4. It is submitted by the learned Government Advocate (Crl.side) that co-accused were granted bail and the investigation is going on.

5. Considering the submissions made by the learned Government Advocate (Crl.side), this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate -I, Ramnad, and each of them 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 petitioners shall appear before the Dveipattinam Police Station, daily twice i.e., at 10.00 a.m and 05.00 p.m, until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioners 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. sd/- 05/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO I,RAMNAD 2 DO THRO'THE CHIEF JUDICIAL MAGISTRATE,RAMANATHAPURAM 3 THE INSPECTOR OF POLICE BAZAR POLICE STATION, RAMANATHPAURAM, RAMANATHAPURAM DISTRICT.

4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 5 THE INSPECTOR OF POLICE, DEVIPATTINAM +1. CC to M/S. R. MURUGAN Advocate SR.No.44175 ORDER IN CRL OP(MD) No.12660 of 2015 Date :05/08/2015 JAM/AMF/SAR-I/10.8.15/2P-7C https://hcservices.ecourts.gov.in/hcservices/