J. Nelson v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21807 and 21542 of 2015 J. NELSON ... PETITIONER/ ACCUSED NO.4 IN CRL OP(MD)NO.21807/2015 S.M.VEERAMANI ... PETITIONER/ACCUSED NO.5 IN CRL OP(MD)NO.21542/2015 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE REDDIARCHATHIRM POLICE STATION, DINDIGUL DISTRICT.
(CRIME NO.297 OF 2015) ... RESPONDENT/ COMPLAINANT IN BOTH PETITIONS For Petitioner : M/S C.VAKEESWARAN Advocate IN BOTH PETITIONS For Respondent : Mr.K.ANBARASAN Govt. Advocate ( Crl. Side) IN BOTH PETITIONS 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.4 & 5, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 286 of IPC r/w Section 9B 1(b) 3 (b) of Explosive Act, 1984, in Crime No.297 of 2015 on the file of the respondent police and hence, seek anticipatory bail. 2.The case of the prosecution is that on 01.11.
2015 at the time of vehicle check-up near Aruna Blue Stone, three suspected persons were standing near the lorry bearing TN 57 AH 8719 and JCB bearing MDI 0202, the defacto complainant has enquired the accused Nos.1 to 3 and found that they are in possession of 42 gelatin sticks measuring 25 mm. Length and 125 gms. of weight and 21 electronic detonators. On such enquiry, the accused NO.4 has informed that he has purchased the gelatin sticks from the fifth accused. Therefore, the case has been registered for the above said offences.
3.The case of the petitioners is that they are innocent persons and they have been falsely implicated in this case and on the confession of accused Nos.1 to 3 and due to previous enmity, these petitioners have been falsely implicated in this case.
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4.The learned Government Advocate (Crl.side) submitted that coaccused Nos.1 to 3 have already been released on bail by the Judicial Magistrate, Oddanchatram in Cr.M.P.No.10722 of 2015 on 4.11.2015. 5.Considering the facts and circumstances of the case and also considering the fact that co-accused Nos.1 to 3 have already been released on bail by the learned Judicial Magistrate, Oddanchatram in Cr.M.P.No.10722 of 2015, dated 04.11.2015, 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, Oddanchathiram 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 petitioners 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 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/- 19/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, ODDANCHATRAM.
2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE REDDIARCHATHIRMA POLICE STATION, DINDIGUL DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S C.VAKEESWARAN Advocate SR.No.66280 +1cc to Mr.C.VAKEESWARAN Advocate SR.No.66279
ORDER
IN CRL OP(MD) No.21807 and 21542 of 2015 Date :19/11/2015 NS/SKS-RR/SAR I/23.11.2015 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/