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Madras High CourtCRL OP(MD)/8623/2015allowed

Marianathan v. The Inspector Of Police

2015-06-08Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.8623 of 2015 1 MARIANATHAN 2 RAJASEKAR ... PETITIONER(S) / ACCUSED 3 & 4 Vs THE STATE REP. BY THE INSPECTOR OF POLICE KANDAVARAYANPATTI POLICE STATION, SIVAGANGAI DISTRICT. (CRIME NO.24/2015). ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.D.RAMESHKUMAR Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN, 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 accused No.3 and 4, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 4 and 5 of Explosives Act, 1904, in Crime No.24 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the accused have used gelatin sticks to deepen the well situated in the agricultural land. 3.The learned counsel for the petitioners submitted that the main accused 1 & 2 were already arrested and released on bail and the petitioners are the owners of the land, and they have been falsely implicated in this case.

4.Heard the learned Government Advocate (Crl.side). 5.Considering the nature of the allegations, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. 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, Thiruppathur and on each 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. https://hcservices.ecourts.gov.in/hcservices/

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/- 08/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, THIRUPPATHUR.

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

4 THE INSPECTOR OF POLICE KANDAVARAYANPATTI POLICE STATION, SIVAGANGAI DISTRICT. +1. CC to M/S.D.RAMESHKUMAR Advocate SR.No. 29044. TS/11.06.2015/2P-6C

ORDER

IN CRL OP(MD) No.8623 of 2015 Date :08/06/2015 https://hcservices.ecourts.gov.in/hcservices/