Suresh v. The Inspector Of Police

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.21341 of 2015 SURESH ..PETITIONER/ACCUSED No.2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE KOTTAR POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

(IN CRIME NO.726 OF 2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S C.SANKAR PRAKASH 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 petitioner, who arrayed as accused No.2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 24 and 4(1) I of TNP Act in Crime No.726 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner along with other accused sold 10 Rum bottles before 10.00 am.

3. It is submitted by the learned counsel for the petitioner that the petitioner is an innocent and he has not committed any offence and he has been falsely implicated in this case and prays for anticipatory bail in favour of the petitioner. It is further submitted that the co-accused was already released on bail.

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 and also considering the fact that the co-accused was already released on bail, this Court is 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-II, Nagercoil, Kanyakumari District 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 a.m., until further orders. 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/- 06/11/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE NO.II, NAGERCOIL, KANYAKUMARI DISTRICT. 2 -DO-THRO'THE CHIEF JUDICIAL MAGISTRATE,KANYAKUMARI AT NAGERCOIL. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE INSPECTOR OF POLICE, KOTTAR POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

+1. CC to M/S C.SANKAR PRAKASH Advocate SR.No.65258 ORDER IN CRL OP(MD) No.21341 of 2015 Date :06/11/2015 PBK/AAL-MPA/SAR-II 06/11/2015 ::2P-6C::

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