Nagaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Second day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17001 of 2015 NAGARAJ ... PETITIONER/ACCUSED NO.2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE C.S.C.I.D., UTHAMAPALAYAM, THENI DISTRICT.

(CR.NO. 165 / 2015) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S S.MAHENDRAPATHY Advocate For Respondent : MRS.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 accused No.2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 6(4) of TNSC (RDCS) Order 1982, r/w 7(i) a (ii) of EC Act, 1955, in Crime No.165 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.The prosecution case is that the accused were found in possession of 2 gunny bags of Public Distribution System Rice totally weighing 50 kgs.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner. It is further submitted that A1 was arrested and released on bail. 4.The learned Government Advocate (Crl.side) submitted that there is no previous case against the petitioner. 5.Considering the facts, 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 arrest or on his appearance before the learned Judicial Magistrate, Uthamapalayam 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.

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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.

sd/- 02/09/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE THENI.

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

4 THE INSPECTOR OF POLICE C.S.C.I.D., UTHAMAPALAYAM, THENI DISTRICT.

+1. CC to M/S S.MAHENDRAPATHY Advocate SR.No.51243 Akm/04.09.2015 /2p-6c/

ORDER

IN CRL OP(MD) No.17001 of 2015 Date :02/09/2015 https://hcservices.ecourts.gov.in/hcservices/