Santhakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.6093 of 2015 SANTHAKUMAR ... PETITIONER/SOLE ACCUSED Vs THE STATE REP.BY THE SUB-INSPECTOR OF POLICE C.S.C.I.D. POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT, CR. NO. 88/2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S. M. SARAVANAKUMAR Advocate For Respondent : MR.A.P.BALASUBRAMANIAN, Govt. Advocate (Crl. Side) 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 alleged offences punishable under Section 6(iv) of T.N.S.C.(R.D.C.S.) R.T. Order 1982 r/w 7(i)(ii)(a) of E.C.Act 1955 in Crime No.88 of 2015 on the file of the respondent police, seeks anticipatory bail.

2. Heard the learned Counsel for the petitioner and the learned Government Advocate(Crl.Side).

3. It is the case of the prosecution that the petitioner had illegally transported 150Kgs of P.D.S. rice.

4. The learned Government Advocate (Crl.side) would submit that there is no previous case as against the petitioner.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Virudhunagar, 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 10.30a.m. for a period of two weeks and thereafter as and when required for interrogation.

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[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 Judicial 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 Judicial 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]. (e) The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl.Side) whether the petitioner is complying with the order or not. sd/- 01/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.I,VIRUDHUNAGAR 2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. 4.THE SUB-INSPECTOR OF POLICE C.S.C.I.D. POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

+1. CC to M/S. M. SARAVANAKUMAR Advocate SR.No.16429

ORDER

IN CRL OP(MD) No.6093 of 2015 Date :01/04/2015 rg.13.04.2015 2p.6c.

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