N.Mathews v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) Nos.6187 and 5136 of 2015 N.MATHEWS ... PETITIONER/ACCUSED NO.11 IN CRL.OP(MD)NO.6187/2015 R.BASKARAN ... PETITIONER/ACCUSED NO.11 IN CRL.OP(MD)NO.5136/2015 Vs STATE REP BY THE INSPECTOR OF POLICE PROHIBITION ENFORCEMENT WING , PALANI, DINDIGUL DISTRICT.
CRIME NO.94/2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.MARIMUTHU Advocate in Crl.OP(MD)No.6187/2015 M/S.M.SUUBASH BABU, Advocate in Crl.OP(MD)No.5136/2015 For Respondent : M/S.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) in both the Petitions PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners who are arrayed as accused, apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 4(1)(aaa), 4(1) (A) TNP Act and 420, 328 of TPC r/w. 5,6,7 and 11 of TNRS Rules 2000, in Crime No.94 of 2015 on the file of the respondent police, seek anticipatory bail.
2. The case of the prosecution is that when the de facto complainant being Inspector of Police involved Random Patrol, the petitioners are alleged to have found in possession of 7230 litters of spirit, for preparing country arrack, in the farm of one Selvaraj https://hcservices.ecourts.gov.in/hcservices/
3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He further submitted that the co-accused were already granted anticipatory before the Principal Sessions Court, Dindugal in Crl.M.P.Nos.1464 and 1631 of 2015.
4. The learned Government Advocate (Crl.side) would submit that the investigation of the case is pending.
5. Considering the facts and circumstances of the case and also considering the fact the co-accused were already released on bail, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Oddanchatram, and on each of them 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 petitioners shall appear before the respondent police twice a day daily at 10.00 am and 5.30 p.m until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
6. 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/- 07/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, ODDANCHATRAM 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE PROHIBITION ENFORCEMENT WING, PALANI, DINDIGUL DISTRICT. +1. CC to M/S.M.SUBASH BABU, Advocate SR.No.37008 RL/6C - 10/7/2015
ORDER
IN CRL OP(MD) Nos.6187 and 5136 ` of 2015 Date :07/07/2015 https://hcservices.ecourts.gov.in/hcservices/