Madras High CourtCRL OP(MD)/2507/2020granted

K. Kamaraj v. The Inspector Of Police

2020-02-13Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.2507 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2507 of 2020 K.KAMARAJ ... PETITIONER/ACCUSED NO.9 VS STATE REP. BY THE INSPECTOR OF POLICE, PEWS, DINDIGUL DISTRICT, CRIME NO.44/2020 ... RESPONDENT/COMPLAINANT For Petitioner : M/s. S. Gokul Raj, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 44/2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 4(1) (aaa) and 4(1-A) of Tamil Nadu Prohibition Act and Sections 468, 471 and 420 of I.P.C., in Crime No.44 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner's name is not figuring in the First Information Report. The case of the prosecution is that a large quantity of contraband liquor was seized in the place in question. Fake labels and also holograms were also seized. The accused named in the First Information Report have been arrested. Tamil Nadu Act 14 of 1982 has also been invoked against them. The petitioner is said to have arranged a house for the accused. The petitioner's https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.2507 of 2020 counsel states that the petitioner is a retired Village Administrative Officer. Except arranging the house for the accused, he has not played any other role.

4.I am of the view that the arrest of the petitioner is not going to serve any purpose. Hence, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Vedasandur, Dindigul District, 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 10.30 a.m. for a period of two weeks and thereafter as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. 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 stand dismissed.

sd/- 13/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VEDASANDUR, DINDIGUL DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3 THE INSPECTOR OF POLICE PEWS, DINDIGUL DISTRICT.

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

+1 CC to M/s.S.GOKULRAJ, Advocate ( SR-3153[I] dated 14/02/2020 )

ORDER

IN CRL OP(MD) No.2507 of 2020 Date :13/02/2020 PMU JM/JC/SAR 3/20.02.2020/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2