Shahul Hameed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twelfth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19684 of 2015 1 SHAHUL HAMEED 2 P. MARIMUTHU ... PETITIONERS / ACCUSED A2 & A3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE PROHIBITION AND ENFORCEMENT WING, TRICHY CITY.

(CRIME NO. 691 / 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S B.JAMEEL ARASU 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 petitioners, who are arrayed as A2 and A3, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 4(1)(a), 4(1)(i)r/w 4(1-A) and 24 of Tamil Nadu Prohibition Act, in Crime No.691 of 215 on the file of the respondent police and hence, seek anticipatory bail.

2 According to the de-facto complainant that on 02.10.2015 the accused have sold 131 brandy bottles containing 180 ml. 3 The learned counsel for the petitioners submitted that the first petitioner is working as a supplier in the TASMAC shop run by the third accused and A2 and A3, who are the supervisors, were not aware of the sale made by the first accused. It is further submitted that on the date of Gandhi Jeyanthi, the shop was closed and A1 was arrested and released on bail.

4 The learned Government Advocate (Crl.side) would submit that the petitioner has no bad antecedent.

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

6 Accordingly, the petitioners are ordered to be released on bail in

the event of arrest or on their appearance before the learned Judicial Magistrate No.V, Trichy and on each of them 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.

7 The petitioners 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/- 12/10/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE INSPECTOR OF POLICE PROHIBITION AND ENFORCEMENT WING, TRICHY CITY.

2 THE JUDICIAL MAGISTRATE NO.V , TRICHY 3 DO THRO'THE CHIEF JUDICIAL MAGISTRATE ,TRICHY 4 THE THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S B.JAMEEL ARASU Advocate SR.No.60608 JAM /14.10.2015/GSV-PM/SAR I /2P-6C

ORDER

IN CRL OP(MD) No.19684 of 2015 Date :12/10/2015