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Madras High CourtCRL OP(MD)/16484/2015ordered

Iqbal @ Muniasamy v. The State Rep The Ins Of Polic

2015-08-28Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of August Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.16484 of 2015 IQBAL @ MUNIASAMY ..PETITIONER/ACCUSED NO.1 Vs.

STATE REP.BY THE INSPECTOR OF POLICE, MUTHAIAHPURAM POLICE STATION THOOTHUKUDI DISTRICT.

(CRIME NO 278 OF 2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S G.THALAIMUTHARASU Advocate For Respondent : 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 offence punishable under Sections 147, 506(ii) of I.P.C., and Section 3 of TNPPDL Act in Crime No.278 of 2015 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has deposited sand in the diesel tank of the car belonging to the de-facto complainant to damage the engine.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case and the accused 2 to 4 were already granted anticipatory bail by the Principal Sessions Court, Tuticorin in Cr.M.P.No.2556 of 2015.

4. The learned Government Advocate (Crl.side) submitted that the petitioner is a history sheeted and he is not entitled for anticipatory bail.

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 No.II, Thoothukudi and 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 learned Judge concerned and on further condition that the petitioner shall stay at Tirunelveli and appear before the Pettai Police Station daily twice at 10.00 a.m., and 5.00 p.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 Judge 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/- 28/08/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE NO.II, THOOTHUKUDI.; 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,THOOTHUKUDI. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, MUTHAIAHPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

5 THE OFFICER IN CHARGE, PETTAI POLICE STATION, TIRUNELVELI. +1. CC to M/S G.THALAIMUTHARASU Advocate SR.No.50211 ORDER IN CRL OP(MD) No.16484 of 2015 Date :28/08/2015 PBK/GSV-PM/SAR-II 03/09/2015 ::2P-7C::

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