Chinnakani v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.10292 of 2016 CHINNAKANI ..PETITIONER/SOLE ACCUSED Vs.

STATE REP.BY THE SUB INSPECTOR OF POLICE RAILWAY PROTECTION FORCE, NAGERCOL, KANYAKUAMRI DISTRICT.

CR NO. 257/2016.

RESPONDENT/COMPLAINANT For Petitioner : M/S S.RAJAPRABU Advocate For Respondent : Mr.P.KANNITHEVAN, Government Advocate (Crl.Side) 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, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 143 of Railways Act (II Amendment) 2003, in Crime No.257 of 2016, on the file of the respondent police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is procuring and supplying IRCTC e-tickets without any authorization. On complaint, case has been registered for the above said offences. 3.The case of the petitioner is that the petitioner running a Travel agency name and style of Packia Travels.

He used to book tour buses, vans and e-ticket for private buses and the petitioner was given permission on 12.12.2007. On the date of occurrence, no etickets was seized from the petitioner's shop. The petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner. 4.Heard the learned Government Advocate (Crl.Side). 5.Considering the facts of the case, this Court is inclined to grant anticipatory bail to the petitioner, with certain conditions. Accordingly, the petitioner 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, Nagercoil, on condition that the https://hcservices.ecourts.gov.

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 to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(i) the petitioner shall report before the respondent Police daily at 10.30 a.m., for a period of two weeks and thereafter, as and when required for interrogation.

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iii) the petitioner shall not abscond either during investigation or trial.

(iv) 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].

6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioner is complying with the conditions or not.

sd/- 27/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I, NAGERCOIL, KANYAKUMARI DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE,KANYAKUMARI AT NAGERCOIL. 3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SUB INSPECTOR OF POLICE, RAILWAY PROTECTION FORCE, NAGERCOL, KANYAKUAMRI DISTRICT.

+1. CC to M/S S.RAJAPRABU Advocate SR.No.33195 ORDER IN CRL OP(MD) No.10292 of 2016 Date :27/06/2016 PBK/AAL-MPA/SAR-II 30/06/2016 ::2P-6C::

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