Madras High CourtCRL OP(MD)/2500/2024granted

Gunasekaran v. The Inspector Of Police

2024-02-29Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29.02.2024 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Gunasekaran 2.Arumugam 3.Mani @ Manimaran ... Petitioners/Accused Nos.1 TO 3 Vs The State rep. by the The Inspector of Police, Shanarpatti Police Station, Dindigul District, Cr.No.163/2023.

... Respondent/Complainant For Petitioner : MR.D. Rameshkumar Advocate.

For Respondent : Mr.R.Sureshkumar Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.163/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the 1/4

respondent police for the alleged offence punishable under Sections 4(1)(aaa) of Tamil Nadu Prohibition Act in Crime No.163 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 26.05.2023, the petitioners are having huge quantity of liquor bottles. Hence, the case.

3. The learned counsel appearing for the petitioners submitted that it is a third anticipatory bail and the earlier two petitions filed by the petitioners were dismissed by this Court and seeks anticipatory bail. 4.The learned Government Advocate (Crl. Side) appearing for the respondent police would submit that investigation in this case has already been completed and the charge sheet was filed in C.C.No.645 of 20024 on the file of the Judicial Magistrate No.I, Dindigul.

5. Considering the facts and circumstances of the case and also considering the fact the charge sheet has been filed, this Court is inclined to grant anticipatory bail to the petitioners.

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6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.III, Dindigul, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the concerned Court on all hearing dates without fail. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 29/02/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP 3/4

TO 1 THE JUDICIAL MAGISTRATE NO.III DINDIGUL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE INSPECTOR OF POLICE SHANARPATTI POLICE STATION, DINDIGUL DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.2500 of 2024 Date :29/02/2024 SS/GS/SAR- /07/03/2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4