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Madras High CourtCRL OP(MD)/19547/2015allowed

Naveen Kumar v. The Inspector Of Police

2015-10-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19547 of 2015 NAVEEN KUMAR ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, C.S.CID, VIRUDHUNAGAR, (CRIME NO. NOT KNOWN OF 2015) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S T.LENIN KUMAR 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 the sole accused, apprehends arrest at the hands of the respondent police for an alleged offences punishable under Sections 17 of TNK(RT) Order 1973 r/w. 7(1)a(ii) of EC Act 1955, in Crime No.261 of 2015, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in possession of 135 Litter Kerosene belonging to Public Distribution System.

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

4. The learned Government Advocate (Crl. Side) would submit that there is no previous case against the petitioner.

5. Considering the facts and circumstances of the case and also considering the fact that there is no previous case against the petitioner, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate-II, Virudhunagar 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 am for a https://hcservices.ecourts.gov.in/hcservices/

period of two weeks and thereafter, as and when required for interrogation. 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/- 09/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE, C.S.CID, VIRUDHUNAGAR.

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

+1. CC to M/S T.LENIN KUMAR Advocate SR.No. 59916

ORDER

IN CRL OP(MD) No.19547 of 2015 Date :09/10/2015 2P/6C TE/JGB/SAR-II 12/10/2015 https://hcservices.ecourts.gov.in/hcservices/