← Library
Madras High CourtCRL OP(MD)/17875/2015allowed

K.C.Radhakrishnan v. The Sub Inspector Of Police

2015-09-15Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fifteenth day of September Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.17875 of 2015 K.C.RADHAKRISHNAN ... PETITIONER/ACCUSED NO.2 Vs THE SUB INSPECTOR OF POLICE VADASERY POLICE STATION,VADASERY, KANYAKUMARI DISTRICT.

(CRIME NO. 658 OF 2015) ... RESPONDENT/RESPONDENT For Petitioner : M/S N.S.RAMAKRISHNA DASS 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 accused No.2, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 4(1)(A) of TNP Act in Crime No.658 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The prosecution case is that on 20.07.2015, the accused was found in possession of 2 bottles of brandy (750 ml.) without license and selling the same in Puthukudiyiruppu Area, Nagercoil.

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

4. The learned Government Advocate (Crl.side) submitted that A1 was arrested and released on bail and there is no previous case against the petitioner.

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

https://hcservices.ecourts.gov.in/hcservices/

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, Nagercoil 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 daily at 10.00 a.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 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/- 15/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II, NAGERCOIL 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE KANYAKUMARI DISTRICT AT NAGERCOOIL 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE SUB INSPECTOR OF POLICE VADASERY POLICE STATION, VADASERY, KANYAKUMARI DISTRICT. +1. CC to M/S N.S.RAMAKRISHNA DASS Advocate SR.No.54615 +ONE CC TO M/S.M.VEILKANIRAJU, Advocate, SR.no.46284 RL/7C - 22/9/2015

ORDER

IN CRL OP(MD) No.17875 of 2015 Date :15/09/2015 https://hcservices.ecourts.gov.in/hcservices/