V.Murugan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11130 of 2016 V.MURUGAN ... PETITIONER/ACCUSED NO.1 Vs STATE REP BY THE INSPECTOR OF POLICE, MAMSAPURAM POLICE STATION, VIRUDHUNGAR DISTRICT.

(CRIME.NO.137/2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S A.S.VAIGUNTH Advocate For Respondent : MR.P.KANNITHEVAN 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 an alleged offence punishable under Sections 4 (i-A) of Tamil Nadu Prohibition Act in Crime No.137 of 2016, seeks anticipatory bail.

2. The case of the prosecution is that while on the patrol duty of the respondent police, the petitioner is alleged to have found in possession of 2 litres of Toddy and on seeing the police party, he run away from the occurrence place.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and only on statistical purpose his name has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) submits that the investigation of the case is pending.

5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. 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.II, Srivilliputur and on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten https://hcservices.ecourts.gov.in/hcservices/

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 10.00 am until further orders.

[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 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 petitioners 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]. sd/- 12/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,SRIVILLIPUTUR 2 THE CHIEF JUDICIAL MAGISTRATE,VIRUDHUNAGAR AT SRIVILLIPUTUR 3 THE INSPECTOR OF POLICE, MAMSAPURAM POLICE STATION, VIRUDHUNGAR DISTRICT. 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S A.S.VAIGUNTH Advocate SR.No.35937

ORDER

IN CRL OP(MD) No.11130 of 2016 Date :12/07/2016 AA/AAL-MPA/SAR-II/15.07.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/