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Madras High CourtCRL OP(MD)/22268/2015ordered

Mr. Matheuw v. The Inspector Of Police

2015-11-25Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fifth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22268 of 2015 MR. MATHEUW ... PETITIONER / ACCUSED RANK NOT KNOWN Vs State through THE INSPECTOR OF POLICE PEW, THIRUMANGALAM, MADURAI DISTRICT, CR NO.101/2015. ... 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 accused No.7, in Crime No.101 of 2015 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(aaa), 4(1)(A) TNP Act and also under Sections 120(b), 465, 468, 471 of the Indian Penal Code read with Sections 6 and 7 of TNRS Rules, 2000 (Transport) and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 29.01.2015, at the time of vehicle check up, the respondent Police stopped the vehicle bearing Registration No.TN-01-AL-8610 and at that time, the driver of the vehicle tried to escape from the occurrence place. The respondent Police arrested accused Nos.2 and 3 and seized 630 litres of illicit arrack from them and got the confession statement from the third accused.

3. The learned counsel for the petitioner would submit that the petitioner is a diabetic patient and he is running Hotel in Bangalore and he is continuously taking treatment for kidney problems. He has further submitted that the petitioner's name was not found place in the First Information Report. He is innocent His name has been implicated falsely.

4. The learned Government Advocate (Criminal Side) would submit that this Court has already granted anticipatory bail to accused No.6 in Crl.O.P(MD)No.20918 of 2015, dated 24.11.2015.

5. Considering the facts and circumstances of the case and also considering the fact that co-accused has been released on anticipatory 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 https://hcservices.ecourts.gov.in/hcservices/

appearance before the learned Judicial Magistrate, Tirumangalam, Madurai 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., and 05.00 p.m., until further orders. The petitioner shall comply with the conditions 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/- 25/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TIRUMANGALAM, MADURAI DISTRICT 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT 3 THE INSPECTOR OF POLICE PEW, THIRUMANGALAM, MADURAI DISTRICT.

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

+1. CC to M/S T.RAMASAMY Advocate SR.No.67475 sm:sks-rr-SAR-II:26.11.2015:2P/6C

ORDER

IN CRL OP(MD) No.22268 of 2015 Date :25/11/2015 https://hcservices.ecourts.gov.in/hcservices/