Madras High CourtCRL OP(MD)/17114/2016allowed

N.Gurusamy, v. The Inspector Of Police,

2016-09-19Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice B.GOKULDAS CRL OP(MD) No.17114 of 2016 N.GURUSAMY ... PETITIONER/ACCUSED Vs THE STATE THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT IN CRIME NO.509 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SOLAISAMY Advocate For Respondent : M/S.A.P.BALASUBRAMANI Govt. 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 Section 4 (b) of Explosive Substances Act, 1860 and 188 of IPC in Crime No.509 of 2016 on the file of the respondent police. 2.

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) for the respondent Police. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is having licence for possession of explosive substances. 4.Learned Government Advocate (Crl. Side) submits that without having valid licence, the petitioner was in possession of explosive substances.

5.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, Sivakasi, 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;

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(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 Court or to any Police Officer;

(iii)the petitioner shall report before the respondent police as and when required.

sd/- 19/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SIVAKASI.

2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR AT SRIVILLIPUTHUR. 3 THE INSPECTOR OF POLICE, SIVAKASI EAST POLICE STATION, VIRUDHUNAGAR DISTRICT IN CRIME NO.509 OF 2016 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.SOLAISAMY Advocate SR.No. 53468 NBJ JA-SK-SKN-SAR.III/21.09.2016/2P:6C

ORDER

IN CRL OP(MD) No.17114 of 2016 Date :19/09/2016 https://hcservices.ecourts.gov.in/hcservices/