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Madras High CourtCRL OP(MD)/22507/2015ordered

S.M.Veeramani v. The Inspector Of Police

2015-11-27Honourable Ms.Justice V.M.Velumani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22507 of 2015 S.M.VEERAMANI ... PETITIONER / ACCUSED No.3 Vs State represented by THE INSPECTOR OF POLICE REDDIARCHATHIRAM POLICE STATION, DINDIGUL DISTRICT (Crime.No.301 of 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.VAKEESWARAN 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.3, apprehends 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.301 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that on 04.11.2015 at 3.30 p.m., the police party during the raid near Sri Devan Blue Metals, 2 suspected persons were standing near the lorry bearing TN 69 B 5169. The defacto complainant has enquired the Accused Nos.1 & 2 and found that they are in possession of 10 gelatin sticks and 5 electric detonators. On enquiry, they revealed that they purchased the gelatin sticks from the petitioner and therefore, the case has been registered for the above said offences. 3.The case of the petitioner is that he has no way connected in this case and only based on the confession of the accused Nos.1 & 2, this petitioner has been falsely implicated in this case. Already on 01.11.2015, the defacto complainant has given a complaint and the same has been registered in Cr.No.

297 of 2015 for the very same offence and this Court has granted anticipatory bail in Crl.O.P.(MD)No.21542 of 2015 on 09.11.2015. Now, the very same facts, they have registered another case and in this case A1 and A2 were arrested and released on bail in Cr.M.P.No.10790 of 2015, dated 06.11.2015 by the learned Judicial Magistrate, Ottanchathiram.

4.The learned Government Advocate (Crl.side) submitted that the coaccused A1 & A2 were arrested and released on bail by the Judicial Magistrate, Ottanchathiram.

5.Considering the facts and circumstances of the case and also considering the fact that the co-accused A1 & A2 were arrested and released on bail by the Judicial Magistrate, Ottanchathiram in Cr.M.P.No.10790 of 2015, dated 06.11.2015, 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 https://hcservices.ecourts.gov.in/hcservices/

event of arrest or on his appearance before the learned Judicial Magistrate, Ottanchathiram 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/- 27/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, OTTANCHATHIRAM 2 -do-thro THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT 3 THE INSPECTOR OF POLICE REDDIARCHATHIRAM 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.67976 sm:sks-rr:SAR I:30.11.2015:2P/6C

ORDER

IN CRL OP(MD) No.22507 of 2015 Date :27/11/2015 https://hcservices.ecourts.gov.in/hcservices/