Venkatesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of September Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.11492 of 2017 VENKATESAN ... PETITIONER / SOLE ACCUSED Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KUMBAKONAM WEST POLICE STATION, THANJAVUR DISTRICT. CRIME NO.359/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.M.KARUNAKARAN 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 is arrayed as sole Accused, in Crime No.359 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(a) r/w 4(1-A) of Tamil Nadu Prohibition Act 1937 and hence, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is alleged to have found in possession of some furious liquor bottles and ID arrack.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed the alleged offence and he has been falsely implicated in the above said crime.

4. The learned Additional Public Prosecutor appearing for the respondent, on instructions, would submit that the petitioner was holding all the items near the backside of the school near a channel and on seeing the police he ran away and he further submitted that the investigation is still pending.

5. Considering the facts and circumstances of the case, 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.2, Kumbakonam and on his https://hcservices.ecourts.gov.in/hcservices/

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 10.30 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5. 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/- 04/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, KUMBAKONAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, KUMBAKONAM WEST POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.K.M.KARUNAKARAN Advocate SR.No.29789

ORDER

IN CRL OP(MD) No.11492 of 2017 Date :04/09/2017 MKV-PN-SAR 2/08.09.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/