Dhanasekaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.22516 of 2015 DHANASEKARAN ... PETITIONER/ACCUSED - 2 Vs STATE REP.BY THE INSPECTOR OF POLICE CHINTHAMANIPATTI POLICE STATION, KARUR DISTRICT, CRIME NO.56 OF 2014. ... RESPONDENT/COMPLAINANT For Petitioner : M/S T.SELVAM Advocate For Respondent : MR.P.KANNIDEVAN, Government 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.2 in Crime No.56 of 2014 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 5 r/w 9(b)1(a) of Explosives Act, 1884 and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 02.05.2015 while the respondent police was on patrolling duty, A-1 was having crackers without any licence, to use the same in the temple festival,and hence, he was arrested and on enquiry, he confessed that he purchased the crackers from the petitioner.

3. The case of the petitioner is that the petitioner is an innocent person and he did not sell crackers to anybody and his name has been falsely implicated in this case on the confession of A-1.He is nothing to do with the alleged offence.

4. The learned Government Advocate(Crl. Side) on instructions submitted that A-1 burst crakcers in the temple without any licence. 6.Considering the facts and circumstances of the case and also considering the nature of charges levelled against the petitioner, 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 No.I, Kulithalai and on his 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 https://hcservices.ecourts.gov.in/hcservices/

further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m., for a period of two weeks. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.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/- 30/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE NO.I,KULITHALAI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,KARUR DISTRICT. 3 THE INSPECTOR OF POLICE, CHINTHAMANIPATTI POLICE STATION, KARUR DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S T.SELVAM Advocate SR.No.68306 CSL/SKS-RR/SAR-II/03.12.2015 2P/6C

ORDER

IN CRL OP(MD) No.22516 of 2015 Date :30/11/2015 https://hcservices.ecourts.gov.in/hcservices/