Madras High CourtCRL OP(MD)/1683/2017bail granted

Nandhakumar v. The Inspector Of Police

2017-02-15Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of February Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.1683 of 2017 NANDHAKUMAR ... PETITIONERS / ACCUSED NO.2 Vs THE STATE REP. BY THE INSPECTOR OF POLICE ADIRAMPATTINAM POLICE STATION, THANJAVUR DISTRICT, (CR.NO. 18 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.SURESH KUMAR Advocate For Respondent : M/S.P.KANDASAMY Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner/second accused, who was arrested and remanded to judicial custody on 27.01.2017 for the alleged offences punishable under Section 4(1)(aaa) 4(1)(A) TNP Act & 5 and 6 of TNRS Act 2000 of I.P.C, in Crime No.18 of 2017 on the file of the respondent police, seeks bail.

2.The case of the prosecution is that A-1 in this was was found in possession of 245 litres of spirit and on his confession, the petitioner herein/A-2 has been implicated in this case.

3. The learned counsel for the petitioner states that the petitioner herein is having a previous case in Cr.No.17 of 2017 for the similar type of offence and he was arrested in that case on 15.01.2017 and under PT warrant, the petitioner was arrested and remanded into judicial custody in this case on 27.01.2017. He further states that the petitioner is innocent and the present case is a put-up case, while the petitioner was in custody in Cr.No.17 of 2017 from 15.01.2017 onwards.

4. The learned Government Advocate (Crl. Side) appearing for the respondent states that there are totally two accused in this case, the petitioner herein is A-2, and on the basis of confession https://hcservices.ecourts.gov.in/hcservices/

given by A-1, the petitioner has been implicated in this case and A1 was found in possession of 245 litres of spirit and it was seized by the Police from A-1.

5. Considering the above facts and circumstances of the case , this Court is inclined to grant bail to the petitioner with certain condition. Accordingly, the petitioner is ordered to be released on bail on each his 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 Judicial Magistrate, Pattukkottai and on further condition that the petitioner shall appear before the learned Judicial Magistrate, Pattukkottai daily at 10.30., a.m., until further orders.

sd/- 15/02/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PATTUKKOTTAI.

2 THE CHIEF JUDICIAL MAGISTRATE, PATTUKKOTTAI.

3 THE ADDITIONAL PUBLIC PROSECTUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE, ADIRAMPATTINAM POLICE STATION, THANJAVUR DISTRICT.

5 THE OFFICER IN CHARGE, SUB JAIL, PATTUKKOTTAI.

+1. CC to M/S.R.SURESH KUMAR Advocate SR.No.8316

ORDER

IN CRL OP(MD) No.1683 of 2017 Date :15/02/2017 KK-SKN-RSK-SAR3-15.02.2017-2P-7C https://hcservices.ecourts.gov.in/hcservices/