Muthuraj Alias Sappani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Ninth day of August Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.11132 of 2017 MUTHURAJ @ SAPPANI ... PETITIONER / ACCUSED NO.3 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE SETHUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

CR NO. 196/2017. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.JEGADEESH PANDIAN 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 4(1) (A) TNP Act in Crime No.196 of 2017 on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that accused are said to have being in possession of 25 liters of illicit arrack and raw materials used to prepare the arrack.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner was falsely roped in this case and in fact the petitioner was not at all present in the scene of occurrence. He also submitted that on the basis of confession given by A2, petitioner is implicated as accused in this case.

4.The learned Additional Public Prosecutor appearing for the respondent Police on instruction would submit that FIR was registered against 2 unnamed accused and after investigation totally there are 3 accused in this case. He also submitted that A1 and A2 were arrested and released on bail by the concerned Sessions Court and chemical analysis report is not yet received in this case and petitioner has no previous case and investigation is still pending.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also taking note of the fact that A1 and A2 were released on bail by the

concerned Sessions Court and property seized by the respondent Police and chemical analysis report is not yet received and petitioner has no any previous case, 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, before the learned Judicial Magistrate, Rajapalayam, Virudhunagar District 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 learned Judicial Magistrate, Rajapalayam, Virudhunagar District 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/- 29/08/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM, VIRUDHUNAGAR DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

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

+1. CC to M/S.M.JEGADEESH PANDIAN Advocate SR.No.29499 ORDER IN CRL OP(MD) No.11132 of 2017 Date :29/08/2017 MKV-PN-SAR 2/05.09.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/