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Madras High CourtCRL OP(MD)/628/2017granted

Gandhi @ Justin Savariraj, v. The Inspector Of Police,

2017-01-24Honourable Mr Justice A.M. Basheer Ahamed2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.628 and 630 of 2017 1 GANDHI @ JUSTIN SAVARIRAJ, 2 SURESH, 3 MADURAI PANDIAN, 4 NELSON ... PETITIONERS/ACCUSED No 3 to 6 in CRL OP(MD).No. 628/17 1 AYYAR 2 JEYAKUMAR ... PETITIONERS/ACCUSED NO.7 & 8 in CRL OP(MD).No. 630/17 Vs STATE REP.BY THE INSPECTOR OF POLICE, THALAVAIPURAM POLICE STATION, THALAVAIPURAM, VIRUDHUNAGAR DISTRICT.

IN CR.NO.15/2017 ... RESPONDENT/COMPLAINANT in both petition For Petitioner : M/S.S.KARTHICK SUBRAMANIAN Advocate For Respondent : M/S.P.KANDASAMY,Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.3 to 8, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 4(1)(aaa), 4(1)(i) and Section 24 of Tamil Nadu Prohibition Act in Crime No.15 of 2017 on the file of the respondent police and hence, seek anticipatory bail.

2. The learned counsel appearing for the petitioners states that there are 8 accused in this case and A1 to A6 are named in the F.I.R. and the post held by A7 and A8 is also mentioned in the F.I.R. It is admitted by the learned counsel for the petitioners that A7 is the Supervisor of the TASMAC and A8 is the salesman.

3. The learned Government Advocate (Crl.side) appearing for the respondent states that 1600 bottles of brandy and Rs.48,282/- were seized from A1 in this case and A1 and A2 were arrested and released on bail by the concerned Judicial Magistrate Court, Rajapalayam. He further states that there is no previous case against the petitioners herein.

4. Considering the above facts and circumstances of the case https://hcservices.ecourts.gov.in/hcservices/

and also the fact that A1 was arrested and released on bail and there is no previous case against the petitioners, 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 their arrest or on their appearance before the learned Judicial Magistrate, Rajapalayam and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall report before the learned Judicial Magistrate, Rajapalayam 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 24/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE RAJAPALAYAM 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR 3 THE INSPECTOR OF POLICE, THALAVAIPURAM POLICE STATION, THALAVAIPURAM, VIRUDHUNAGAR DISTRICT. IN CR.NO.15/2017 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT MADURAI +2. CC's to M/S.S.KARTHICK SUBRAMANIAN Advocate SR.No. 3928, 3929 akv AE/SV/MMS/31.01.2017/2p/7c ORDER IN CRL OP(MD) No.628 and 630 of 2017 Date :24/01/2017 https://hcservices.ecourts.gov.in/hcservices/