Selvam @ Sundara Selvam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.8607 of 2015 1 SELVAM @ SUNDARA SELVAM 2 JERIN ... PETITIONERS/ACCUSED 2 & 3 Vs STATE REP.BY THE INSPECTOR OF POLICE CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.21 OF 2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.T.RAMESH RAJA Advocate For Respondent : MR.A.P.BALASUBRAMANI,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.21 of 2014 on the file of the respondent police for offence under Section 379 of I.P.C., the petitioners are now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl.side).

3. The case of the prosecution is that the respondent Police party, on intimation, found a vehicle bearing Regn.No.TN 74 F 4632, carrying one unit of sand, without any authorization or permit.

4. The learned Government Advocate (Crl.side) submitted that there is no previous case pending against the petitioners.

5. Under such circumstances, this Court is of the view that this is a fit case for granting anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail, in the event of arrest or on their appearance, within a period of fifteen days https://hcservices.ecourts.gov.in/hcservices/ from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Cheranmahadevi on executing a bond for a sum of

Rs.10,000/- (Rupees Ten Thousand only) each 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 petitioners shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation.

[b] the petitioners shall give their thumb impression, specimen signatures and handwritings.

[c] the petitioners shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioners shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners 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]. [f] The Inspector of Police concerned, is directed to send compliance report to the office of the learned Government Advocate (Crl.side), whether the petitioners are complying with the order or not. sd/- 06/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,CHERANMAHADEVI.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI. 3 THE INSPECTOR OF POLICE CHERANMAHADEVI POLICE STATION, TIRUNELVELI DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.P.T.RAMESH RAJA Advocate SR.No.25126

ORDER

IN CRL OP(MD) No.8607 of 2015 Date :06/05/2015 PA/07.05.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/