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Madras High CourtCRL OP(MD)/14503/2015allowed

Sakthi Alias Sakthivel v. The Inspector Of Police,

2015-08-04Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.14503 of 2015 SAKTHI ALIAS SAKTHIVEL ... PETITIONER/16TH ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING, TIRUNELVELI CITY.

CRIME NO.254 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.K.MANICKAM Advocate For Respondent : M/S. S.PRABHA, 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 A16, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 4(1)(aaa) r/w Section 4(1)(A), 4(1)(g), 4(1)(h), 4(1) (jj) of TNP Act and Section 7, 66 of TNP Act, 465, 467, 468, 471 and 420 of I.P.C., in Crime No.254 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on 15.04.2015 the respondent police said to have recovered 1600 bottles of 180 ml spurious IMFL liquor at the time of vehicle check up. 3.The allegation against the petitioner is that the petitioner along with other accused said to have manufactured the spurious IMFL liquor.

4.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

5.The learned Government Advocate (Crl.side) would submit that the petitioner has no previous case and except this petitioner, other accused were arrested and released on bail, and same of the accused are detained under Act 14 of 1982.

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

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Tirunelveli 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.

8. 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.

sd/- 04/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.

2.THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI.

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

4.THE INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING, TIRUNELVELI CITY. +1. CC to M/S.A.K.MANICKAM Advocate SR.No.43900

ORDER

IN CRL OP(MD) No.14503 of 2015 Date :04/08/2015 rg.05/08/2015 2p/6c.

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