Vijayan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.2010 of 2017 VIJAYAN ... PETITIONER/ ACCUSED NO.7 Vs STATE REP.BY THE INSPECTOR OF POLICE PEW ALANGULAM POLICE STATION, TIRUNELVELI DISTRICT (IN CRIME NO. 775/2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.H.ELANGO Advocate For Respondent :M/S S.BRABHA, 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 A7 in Crime No.

775 of 2016, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 468, 471, 473, 484, 486, 487, 120(b) and 34 IPC r/w Sectons 39, 43, 130(4), 192(1) of Motor Vehicles Act, 1988 and Section 4 (1)(a), 4(1)(aaa) and 4(1)(A) of Tamil Nadu Prohibition Act and hence, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The learned counsel for the petitioner submitted that it is alleged in the complaint that the petitioner along with the other accused alleged to have kept 40 quarter bottles of club deluxe brandy in his SCARPIO Car. The petitioner did not involve any offence as alleged in the complaint. He has been falsely implicated in this case.

4.The learned Government Advocate appearing for the respondent submitted that A1 has already been arrested in this case. The petitioner has been impleaded as the accused on the basis of the confession given by A1. There is no previous case pending against the petitioner / A7. The investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and also considering the fact that no previous case is pending against the petitioner, 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, Allenkulam and on 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police daily at 10.30 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/- 17/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, ALANGULAM.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI 3.THE INSPECTOR OF POLICE PEW ALANGULAM POLICE STATION,TIRUNELVELI DISTRICT. 4.ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.H.ELANGO Advocate SR.No.15389

ORDER

IN CRL OP(MD) No.2010 of 2017 Date :17/03/2017 MS/BS/SAR.2/22.03.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/