L.Suresh v. The Inspector Of Police

CRL OP(MD). No.2591 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.2591 of 2020 L.Suresh, ... Petitioner/Accused No.1 Vs State represented The Inspector of Police, Uvari Police Station, Tirunelveli District (Crime No.14 of 2020).

... Respondent/Complainant For Petitioner : Mr.S.Louis, 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.14 of 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 under sections 147, 341, 188, 353, 294(b) and 506(i) of I.P.C., in Crime No.14 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The case of the prosecution is that the petitioner along with others had indulged in prohibited fishing practises. It is further alleged that the accused had abused the concerned official of the Fishery Department.

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CRL OP(MD). No.2591 of 2020

4. The petitioner's counsel states that when their association earlier filed W.P.(MD)No.22971 and 23651 of 2019 in this regard, interim orders were granted and the writ petitions were finally disposed of with a direction to the authority to consider their representation. The accused were under the impression that they are still entitled to use the nets in question.

5. The petitioner's counsel would also point out that the petitioner hails from ordinary strata of society and if he is arrested, the family will be put to great hardships.

6. Since arrest of the petitioner is not going to serve any purpose, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Radhapuram, 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 stand dismissed.

sd/- 14/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, RADHAPURAM.

2. DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3. THE INSPECTOR OF POLICE, UVARI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.S.LOUIS, Advocate ( SR-3184[I] dated 14/02/2020 )

ORDER

IN CRL OP(MD) No.2591 of 2020 Date :14/02/2020 IAS AE/PN/SAR-II (20.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2