Padmanaban v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.9724 of 2015 PADMANABAN ... PETITIONER(S) /SOLE ACCUSED Vs STATE REP BY:: THE INSPECTOR OF POLICE KARIVALAMVANTHANALLUR POLICE STATION, TIRUNELVELI DISTRICT. CRIME NO.149 OF 2015.

... RESPONDENT(S) / COMPLAINANT For Petitioner : M/S.K.J.ASSOCIATES Advocate For Respondent : M/s.S.PRABHA, Government 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 the sole accused, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 420, 467, 468 and 471 of I.P.C. in Crime No.149 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2.According to the Village Administrative Officer of Panaiyur Village, while conducting inspection on 18.05.2015 along with Deputy Tahsildar, three tipper lorries pass on the road, immediately they intercepted and found the permit receipts were post timed and thereafter conducting inspection on 19.05.2015 at 09.00 a.m., and on seeing the officials, the accused run away from the place of occurrence and in that place, they found altered permit receipt books and also a pen in the name of remove by friction.

3.The learned counsel for the petitioner submitted that the petitioner is a lessee and the license is valid up to August 2015 and the complaint was given only on suspicious and all the seized materials have been sent to Forensic Department. He further submitted that as alleged by the respondent police in the permit receipts cannot be changed by using a pen in the name of remove by friction.

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4.The learned Government Advocate (Crl.side) submitted that as per the complaint of the Village Administrative Officer, the accused transported the sand by using forged receipts. She further submitted that the petitioner has no bad antecedent.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Sankarankovil, Tirunelveli District and on 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 petitioner shall appear before the respondent police daily at 10.00 a.m., until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. 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/- 06/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE SANKARANKOVIL 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE KARIVALAMVANTHANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

+1. CC to M/S.K.J.ASSOCIATES Advocate SR.No.37128 DM 8 7 15 2p 6c ORDER IN CRL OP(MD) No.9724 of 2015 Date :06/07/2015 https://hcservices.ecourts.gov.in/hcservices/