S.Babu @ Suresh Babu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of November Two Thousand Fifteen PRESENT THE HON`BLE MS.JUSTICE V.M.VELUMANI CRL OP(MD) No.21635 of 2015 S.BABU @ SURESH BABU ... PETITIONER / ACCUSED A1 Vs STATE REPRESENTED THROUGH THE INSPECTOR OF POLICE PROHIBITION AND EXCISE WING, KOVILPATTI, TUTICOIRN DISTRICT.

CR. NO. 243/2013 ... RESPONDENT / COMPLAINANT For Petitioner : M/S T.RAMASAMY Advocate For Respondent : MR.K.ANBARASAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A1, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1) (aaa), 4(1A) of TNP Act (Transport) r/w. 66 of Tamil Nadu Excise Rules, in Crime No.95 of 2013 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 15.04.2013, one Mahindra Maxi Cab was stopped at Kayathar Toll Gate, by the respondent Police for vehicle check up. The driver stopped the vehicle and escaped from the occurrence place.

3. The learned counsel for the petitioner submitted that on confession statement of one Kondaiyan Chettiar, the petitioner has been falsely implicated in this case. He further submitted that the petitioner is an innocent and he has not involved in the offence.

4.It is submitted by the learned Government Advocate (Crl.Side) that the co-accused were already arrested and enlarged on bail. 5.Considering the facts and circumstances of the case and also considering the fact that the co-accused were 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-I, Kovilpatti, Tutiocorin 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 https://hcservices.ecourts.gov.in/hcservices/

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., and 5.00 p.m until further orders. The petitioners 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/- 17/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, KOVILPATTI, TUTICORIN

2. THE CHIEF JUDICIAL MAGISTRATE,TUTICORIN DISTRICT

3. THE INSPECTOR OF POLICE,PROHIBITION AND EXCISE WING, KOVILPATTI, TUTICOIRN DISTRICT.

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

+1CC to Mr.T.Ramasamy Advocate Sr.No.65842

ORDER

IN CRL OP(MD) No.21635 of 2015 Date :17/11/2015 GJM/ARK/ZK/ARII-20.11.2015-2P-6C https://hcservices.ecourts.gov.in/hcservices/