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Madras High CourtCRL OP(MD)/21347/2015ordered

Kavithaimani v. The Inspector Of Police

2015-11-06Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21347 of 2015 1 KAVITHAIMANI 2 K. MAAVEERAN ..PETITIONERS/ACCUSED 1 & 2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE PROHIBITION AND ENFORCEMENT WING, MUSIRI AT THURAIYUR, TRICHY DISTRICT.

(CRIME NO. 799/2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S N.ANANDAKUMAR Advocate For Respondent : Mr.K.ANBARASAN, Government 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 accused Nos.1 & 2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1) (aaa) r/w. 24 of Tamil Nadu Prohibition Act in Crime No.799 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that on 02.10.2015, when it was on Government Holiday on account of Gandhi Jeyathi, the petitioners were sold the liquor in the Tasmac Bar. The first petitioner is the owner of the bar and the second petitioner is an employee of the Tasmac bar. 3.It is submitted by the learned counsel for the petitioners that the petitioners are innocent persons and they have not committed any offence and they have been falsely implicated in this case and prays for anticipatory bail in favour of the petitioners. 4.It is submitted by the learned Government Advocate (Crl.Side) that the investigation of the case is pending.

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thuraiyur 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 petitioners shall appear before the respondent police daily at 10.00 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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5. 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/- 06/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, THURAIYUR, TRICHY DISTRICT. 2 -do-thro' THE CHIEF JUDICIAL MAGISTRATE,TRICHY. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE,PROHIBITION AND ENFORCEMENT WING, MUSIRI AT THURAIYUR, TRICHY DISTRICT.

+1. CC to M/S N.ANANDAKUMAR Advocate SR.No.65452 ORDER IN CRL OP(MD) No.21347 of 2015 Date :06/11/2015 PBK/AAL-MPA/SAR-II 06/11/2015 ::2P-6C::

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