Chandrasekaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Seventh day of December Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22493 of 2015 1 CHANDRASEKARAN 2 KARTHICK ..PETITIONERS/ACCUSED NOS.1 & 3 Vs.

1 STATE REP.BY THE INSPECTOR OF POLICE THUVAKUDI POLICE STATION, TRICHY DISTRICT, CR NO.396 OF 2015.

..1st RESPONDENT/COMPLAINANT 2 C. MUTHARASU ..2nd RESPONDENT/DEFACTO COMPLAINANT For Petitioners : M/S.G.KARNAN Advocate For 1st Respondent : MR.K.ANBARASAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners/Accused Nos.1 & 3, who were arrested and remanded to judicial custody on 10.11.2015 for the alleged offences punishable under Sections 4(1)(aa) 4(1-A) of TNP Act and Section 11 of Prohibition Act r/w 420, 486, 487 and 488 of IPC, in Crime No.396 of 2015 on the file of the respondent police and hence, seek bail. 2.The case of the prosecution is that during the vehicle check up on 08.11.2015 one Tata Sumo Car was intercepted and was found 3 canes containing each 20 liters of Pondichery liquor with bogus labels. The petitioners were arrested and contraband was seized. Another accused by name Jayakanthan absconded. Therefore, the case has been registered for the above said offences. 3.The case of the petitioners is that the accused No.

2 borrowed money from the first petitioner/A1 and on his instruction that he will repay the loan at Trichy, the first petitioner travelled along with A2 to get back his money. The second petitioner/A3 is the driver https://hcservices.ecourts.gov.in/hcservices/ of the vehicle.

not committed any offence as alleged by the prosecution. They are in judicial custody from 10.11.2015.

4.The learned Government Advocate (Crl.side) submitted that the second accused was arrested on 15.11.2015 and he is in judicial custody and there is no previous case against the petitioners. 5.Considering the facts and circumstances of the case and also considering the fact that there is no previous case against the petitioners, this Court is inclined to grant bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail 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 Judicial Magistrate No.VI, Trichirappalli and on further condition that the petitioners shall appear before the respondent police daily at 10.00 a.m., until further orders.

sd/- 07/12/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE NO.VI, TRICHIRAPPALLI.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE TRICHIRAPPALLI DISTRICT.

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

4 THE SUPERINTENDENT, CENTRAL PRISON, TRICHY. 5 THE INSPECTOR OF POLICE THUVAKUDI POLICE STATION, TRICHY DISTRICT.

+1. CC to M/S.G.KARNAN Advocate SR.No.69629 Akm/07.12.2015/ 2p- 7c/SKN/SK/SAR-I

ORDER

IN CRL OP(MD) No.22493 of 2015 Date :07/12/2015 https://hcservices.ecourts.gov.in/hcservices/