D. Stanley Devid v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7983 of 2015 1 D. STANLEY DEVID 2 MARIAPPAN ... PETITIONER / ACCUSED NO.1 & 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI DT, CRIME NO.51/2015 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.M.MARAN Advocate For Respondent : Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A1 and A2, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 406, 420 and 506(i) of I.P.C. in Crime No.51 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the petitioners purchased diesel from the petrol bunk of the de-facto complainant, but fail to pay the amount.

3.It is submitted by the learned counsel for the petitioners that the petitioners are only employees of the Transport Corporation and the diesel was purchased through fleet card and as on date there is no due. It is further submitted that since the Transport Company stopped purchasing diesel from the de-facto complainant, a false complaint has been give.

4.It is submitted by the learned Government Advocate (Crl.side) that the case was registered based on the direction given by the Judicial Magistrate under Section 156(3) Cr.C.P.

5. Considering the facts and circumstance of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

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6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.V, Tirunelveli 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 daily at 10.00 a.m. Until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 30/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.V,TIRUNELVELI.

2.DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE MELAPALAYAM POLICE STATION, TIRUNELVELI DISTRICT. +1. CC to M/S.M.MARAN Advocate SR.No.24387

ORDER

IN CRL OP(MD) No.7983 of 2015 Date :30/04/2015 rg.06.05.2015 2p.6c.

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