Manohar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5019 of 2018 MANOHAR ... PETITIONER/SOLE ACCUSED Vs THE STATE BY, THE INSPECTOR OF POLICE, MOOLAIKARAIPATTI POLICE STATION, TIRUNELVELI DISTRICT.

IN CR.NO. 47/2018 ... 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 petitioner, who is arrayed as accused, apprehending arrest at the hands of the respondent police for the offences punishable under Section 379 (sand) of the IPC in Crime No.47 of 2018 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is the petitioner had taken one unit of sand worth about Rs.1,000/- without any valid license. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any of the offence as alleged by the prosecution.

4.The learned Government Advocate (Crl.side) appearing for the respondent submitted that there is no previous case pending against the petitioner.

5.Taking note of the said submission made by the learned Government Advocate (Crl.side), this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. https://hcservices.ecourts.gov.in/hcservices/

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Nanguneri 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

7.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 shall stands dismissed.

sd/- 02/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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

3 THE INSPECTOR OF POLICE, MOOLAIKARAIPATTI 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.5196

ORDER

IN CRL OP(MD) No.5019 of 2018 Date :02/04/2018 PK/RR/SAR-1/06.04.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/