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Madras High CourtCRL OP(MD)/15599/2016ordered

Aneesh v. The Inspector Of Police

2016-09-07Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.15599 of 2016 ANEESH ... PETITIONER/ACCUSED NO.5 Vs STATE REP.BY ITS, THE INSPECTOR OF POLICE SEETHAPARPANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

(*)CRIME NO. 646 OF 2014 ... RESPONDENT/COMPLAINANT For Petitioner : M/S R.J.KARTHICK Advocate For Respondent : MR.K.V.RAJARAJAN, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 4 (1)(aaa), 4(1)(A) of Tamilnadu Prohibition Act Ratified Spirit Transporting r/w Section 7 of Tamilnadu Rules 2000 in (*) Crime No.646 of 2014 on the file of the respondent police. 2.Heard learned counsel for petitioner and learned Government Advocate (Crl.Side).

3. Learned Government Advocate (Crl.side) submits that investigation has been completed and charge sheet stands filed in P.R.C.NO.80 of 2016 before the learned Judicial Magistrate No.5, Tirunelveli and the petitioner is arrayed as A5.

4. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate No.5, Tirunelveli, within 15 days from the date of receipt of a copy of the order, (i) the petitioner shall be enlarged on bail on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the likesum to their satisfaction;

(ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the https://hcservices.ecourts.gov.in/hcservices/

Court or to any Police Officer;

(iii)the petitioner shall be available for interrogation by the Judicial Magistrate NO.5, Tirunelveli daily at 10.30 a.m for two weeks and thereafter, as and when required.

sd/- 07/09/2016 (*) Amended as per the order of this Honorable Court made in Crl.MP(MD)No.9690/2016 & 9691/2016 in Crl.OP(MD)15599/2016 dated 06.10.2016 by BGJ Time to execute sureties is extended till 25.10.2016 Sd/- 06/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO (To be substituted to the order already despatched ) 1 THE JUDICIAL MAGISTRATE NO.V,TIRUNELVELI. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE SEETHAPARPANALLUR POLICE STATION,TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+2. CC to M/S R.J.KARTHICK Advocate SR.No.59698 CM CSL/PV/SAR-III/15.09.2016: 2P/6C SMA/DB/SAR-II/07/10/2016 :2P/6C

ORDER

IN CRL OP(MD) No.15599 of 2016 Date :07/09/2016 https://hcservices.ecourts.gov.in/hcservices/