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Madras High CourtCRL OP(MD)/5601/2017ordered

M.Shanmugaiah v. The Inspector Of Police

2017-06-01Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.5601 of 2017 1 M.SHANMUGAIAH 2 MADASAMY 3 ARIVAKARAN @ HARI KRISHNAN ... PETITIONERS/ ACCUSED 2 to 4 Vs THE STATE OF TAMILNADU THE INSPECTOR OF POLICE SIVAGIRI POLICE STATION, TIRUNELVELI DISTRICT CRIME NO. 93 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.XAVIER RAJINI Advocate For Respondent : MR.A.RAMAR Additional public prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-2 to A-4, in Crime No.93 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 4(1-A) of TN Prohibition Act and hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State. 3.The learned Additional Public Prosecutor on instructions submitted that the petitioners were found in possession of 4 cans (each containing 5 litres) and 2 plastic pots(each containing 20 litres) and on seeing the police, the petitioner ran away from the spot.

4. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Sivagiri, Tirunelveli District and on each of them executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a https://hcservices.ecourts.gov.in/hcservices/

like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5.The petitioners 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/- 01/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE SIVAGIRI, TIRUNELVELI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE SIVAGIRI POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.XAVIER RAJINI Advocate SR.No.23013 PM SVA/KK/SAR-4-5.6.17-2P-6C

ORDER

IN CRL OP(MD) No.5601 of 2017 Date :01/06/2017 https://hcservices.ecourts.gov.in/hcservices/