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Madras High CourtCRL OP(MD)/5514/2018allowed

Samithurai v. The Inspector Of Police

2018-04-09Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5514 of 2018 1 SAMITHURAI 2 KANNAN @ SHYAH ... PETITIONERS/ACCUSED No.1 AND 2 Vs THE STATE BY, THE INSPECTOR OF POLICE STATION, KALAKADU POLICE STATION, TIRUNELVELI DISTRICT.

IN CRIME NO. 80/2018 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.D.VENKATESH, Advocate For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/ accused Nos.1 & 2 apprehend arrest at the hands of the Inspector of Police, Kalakadu Police Station, Tirunelveli District, for the offences punishable under Sections 379 (sand) of IPC and r/w 3(1) TNPPDL Act and r/w 21 (1) 21(4) in Crime No.80 of 2018 and seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl Side) appearing for the respondent.

3.The learned counsel appearing appearing for the respondent submitted that the property in question has been recovered.

https://hcservices.ecourts.gov.in/hcservices/ 4.Considering the facts and circumstances of the case, this court is inclined to grant Anticipatory Bail to the petitioners with

certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Nanguneri and on their 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 respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 5.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 09/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDCIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE STATION, KALAKADU POLICE STATION,TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.VENKATESH Advocate SR.No.5724

ORDER

IN CRL OP(MD) No.5514 of 2018 Date :09/04/2018 PK/KAK/SAR-2/16.04.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/