P. Murugesan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Eleventh day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5681 of 2018 P. MURUGESAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE THROUGH THE SUB INSPECTOR OF POLICE B2 KEELAVALAVU POLICE STATION, MELUR TALUK, MADURAI DISTRICT, IN CRIME NO.240/2012 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.C.R.JANAGAN Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 447, 379, 420 of IPC r/w 3(1), 4(1) of TNPPDL Act, 4(1), 4(2), 4(A) & 21, 23 Mines and Minerals Development Regulation Act and 4 of Explosive Substances Act, in Crime No.240 of 2012, on the file of the respondent police, seeks anticipatory bail.

2. The learned Counsel for the petitioner submitted that the respondent police purposely and wantonly impleaded the petitioner as an accused in this case and the petitioner's name, designation and residential address were not clearly mentioned in the complainant and also in the FIR and prays for anticipatory bail in favour of the petitioner.

3. The learned Government Advocate (Criminal side) submitted that the investigation is over in this case and absconding charge sheet has been filed and further submitted that no NBW issued against the petitioner.

4. Considering the facts and circumstances of this 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 https://hcservices.ecourts.gov.in/hcservices/

the learned Judicial Magistrate, Melur and 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 as and when required for interrogation. The petitioner shall comply with the conditions 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 shall stand dismissed.

sd/- 11/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MELUR 2 THE CHIEF JUDICIAL MAGISTRATE MADURAI DISTRICT 3 THE SUB INSPECTOR OF POLICE B2 KEELAVALAVU POLICE STATION, MELUR TALIK, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.N.C.R.JANAGAN Advocate SR.No.5952

ORDER

IN CRL OP(MD) No.5681 of 2018 Date :11/04/2018 SMA/PMI/VK/17.04.2018:2P/6C https://hcservices.ecourts.gov.in/hcservices/