Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Third day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.18221 of 2016 1 SARAVANAN,S/o.Nataraja Thevar 2 MAHESH 3 SARAVANAN, S/o.Thangapandian 4 MUTHU KUMAR 5 THAMBURAJ ALIAS THAMBAN 6 SUBRAMANI KANDAN ... PETITIONERS / ACCUSED (RANK NOT KNOWN) Vs THE STATE REP.BY THE INSPECTOR OF POLICE MURAPPANADU POLICE STATION, THOOTHUKUDI DISTRICT, CR NO. 185 OF 2016. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.NATARAJAN Advocate For Respondent : Mr.K.V.Rajarajan Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioners, who are arrayed as accused, pray for the grant of anticipatory bail under Section 438 of Cr.P.C. for the offence punishable under Section 379 IPC in Crime No.185 of 2016, on the file of the respondent police.

2.The case of the prosecution is that the petitioners along with other accused transported 20 units of river sand illegally through tipper lorry and Taurus lorry.

3.The learned counsel for the petitioners submits that these petitioners stand falsely implicated on confession of the coaccused. 4.The learned Government Advocate (Crl. Side) submits that the petitioners 1 and 2 are lorry brokers and the petitioners 3 to 6 are drivers of the vehicles involved in the offence and they have no previous case.

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5.On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioners 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, Srivaigundam, within 15 days from the date of receipt of copy of the order, (i) petitioners shall be enlarged on bail on each of them executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the like sum to their satisfaction; (ii) petitioners 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) petitioners shall report before the respondent police daily at 10.30 a.m. for two weeks and thereafter as and when required.

sd/- 23/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SRIVAIGUNDAM 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT 3 THE INSPECTOR OF POLICE MURAPPANADU POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.V.NATARAJAN Advocate SR.No.55425 sm:AAL-MPA:SAR III:28/09/2016:2P/6C

ORDER

IN CRL OP(MD) No.18221 of 2016 Date :23/09/2016 https://hcservices.ecourts.gov.in/hcservices/