Durairaj, v. The State Rep By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.19259 of 2018 DURAIRAJ ... PETITIONER/ ACCUSED No. 1 Vs THE STATE, REP. BY INSPECTOR OF POLICE, THANJAVUR TALUK POLICE STATION, THANJAVUR DISTRICT.

(CR.No. 354 of 2018) ... RESPONDENT/ COMPLAINANT For Petitioner : MR.S.MAHENDRAPATHY Advocate For Respondent : MR.V.NEELAKANDAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1) (a), 4(1)(K) & 4(1)(A) of Tamil Nadu Prohibition Act, in Crime No.354 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant while conducting a raid on 24.10.2018, at that time, the petitioner and other accused were found in possession of 3 Indian Made Foreign Liquor. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person. He has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submits that the said contraband was recovered and the investigation is pending.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case and also

considering the age of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Thanjavur and on his executing 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 Magistrate concerned and and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 7.The petitioner 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 shall stand dismissed.

sd/- 29/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO I THANJAVUR 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM 3 THE INSPECTOR OF POLICE INSPECTOR OF POLICE, THANJAVUR TALUK POLICE STATION, THANJAVUR DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.S.MAHENDRAPATHY Advocate SR.No.20619

ORDER

IN CRL OP(MD) No.19259 of 2018 Date :29/10/2018 MSI/JC/SAR-II/02.11.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/