M.Ramasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Seventeenth day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.10742 of 2017 M.RAMASAMY ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE ERAL POLICE STATION, THOOTHUKUDI DISTRICT.

CRIME NO.255 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.LENIN KUMAR Advocate For Respondent : MR.A.RAMAR Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the offence punishable under Section 379 IPC in Crime No.255 of 2017 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that when the respondent police was on vehicle check up, the petitioner was found in possession of one unit of sand in a van.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent Police submitted that totally there are 7 accused and the petitioner is one of the accused as rank is yet assigned. He also submitted that the petitioner is not having similar type of previous case and the vehicle along with sand were seized by the respondent Police. He also submitted that investigation is still pending.

5.Considering the facts and circumstances of the case and also taking note of the fact that sand along with vehicle were seized by the respondent Police and no similar type of previous case is pending, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of 15 days from the date on which the order copy is made ready, https://hcservices.ecourts.gov.in/hcservices/

before the learned Judicial Magistrate, Srivaikundam on condition that the petitioner shall execute 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 respondent Police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a]the petitioner shall report before the respondent Police daily at 10.30 a.m. until further orders. [b]the petitioner shall not tamper with evidence or witness either during investigation or trial. [c]the petitioner shall not abscond either during investigation or trial.

[d]on breach of any of the aforesaid conditions, the learned Magistrate / Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate / Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala (2005 AIR SCW 5560).

sd/- 17/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.

2 THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT. 3 THE INSPECTOR OF POLICE, ERAL POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.T.LENIN KUMAR Advocate SR.No.28882

ORDER

IN CRL OP(MD) No.10742 of 2017 Date :17/08/2017 MKV-CM-MSA-SAR 2/23.8.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/