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Madras High CourtCRL OP(MD)/4648/2017granted

Muniappan, v. The Inspector Of Police,

2017-04-19Honourable Dr Justice G. Jayachandran2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Nineteenth day of April Two Thousand Seventeen PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN CRL OP(MD) No.4648 of 2017 MUNIAPPAN ... PETITIONER/ SOLE ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, DINDIGUL.

(CRIME NO.113 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.P.BANUPRASATH Advocate For Respondent : M/S K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL Under Sec. 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioner / sole accused, was arrested and remanded to judicial custody on 08.04.2017 for the offences punishable under Section 4(1-A) of TNP Act in Crime No.113 of 2017 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 5 bottles of express brandy containing 180 m.l.

3. The learned Government Advocate (Crl.side) submits that already two previous cases pending against the petitioner.

4. The learned counsel for the petitioner submits that the petitioner is neither seller nor consumer of brandy bottle and he has been falsely implicated in this case.

5. Considering the facts and circumstances of the case, this Court is inclined to grant bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail subject to the following conditions:

(i) the petitioner shall execute 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 No.III, Dindigul.

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(ii) the petitioner shall report before the respondent police daily at 10.00 a.m. until further orders. (iii) The petitioner shall not abscond either during investigation or trial.

(iv) on breach of any of the aforesaid conditions, the Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the Magistrate/Trial Court.

sd/- 19/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.III,DINDIGUL.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3. THE OFFICER INCHARGE,DISTRICT JAIL,DINDIGUL. 4.THE INSPECTOR OF POLICE, TOWN SOUTH POLICE STATION, DINDIGUL.

5. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.BANUPRASATH Advocate SR.No.20522

ORDER

IN CRL OP(MD) No.4648 of 2017 Date :19/04/2017 MS/PM.PN/SAR.4/19.04.2017/2P.7C https://hcservices.ecourts.gov.in/hcservices/