Madras High CourtCRL OP(MD)/8083/2015ordered

R. Sathiyamoorthy v. The Inspector Of Police

2015-04-27Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Seventh day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.8083 of 2015 R. SATHIYAMOORTHY ... PETITIONER/ ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE PEW THIRUVERUMBUR POLICE STATION, TRICHY DT, CRIME NO.303/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.N.ANANDAKUMAR Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. 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 A2 apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 4(1)(a) r/w. Sect. 24 of Tamil Nadu Prohibition Act in Crime No.303 of 2015, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is alleged to have sold the liquor inside the bar, while the TASMAC Manager conducted inspection in TASMAC Bar.

3. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl. side) appearing for the respondent.

4. The learned counsel for the petitioner submitted that the petitioner is the owner of bar, only on confession of A1 he has been falsely implicated in this case. He further submitted that the coaccused has already arrested and released on bail.

5. The learned Government Advocate (Crl. Side) submitted that the petitioner does not have any previous case.

6. Considering the facts and circumstances of the case and also considering the fact that the co-accused had already released on bail, I am inclined to grant 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 before the learned Judicial Magistrate-III, Trichy and on executing a bond for https://hcservices.ecourts.gov.in/hcservices/

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 daily at 10.00 am for a period of two weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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 stands dismissed.

sd/- 27/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISRATE NO.III,TRICHY.

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

4.THE INSPECTOR OF POLICE PEW THIRUVERUMBUR POLICE STATION, TRICHY DISTRICT. +1. CC to M/S.N.ANANDAKUMAR Advocate SR.No.22726

ORDER

IN CRL OP(MD) No.8083 of 2015 Date :27/04/2015 RG.29.04.2015 2P.6C.

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