Madras High CourtCRL OP(MD)/6172/2016bail granted

S.M. Veeramani v. The Inspector Of Police

2016-04-18Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighteenth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice G.CHOCKALINGAM CRL OP(MD) No.6172 of 2016 S.M. VEERAMANI ... PETITIONER / ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE CHEKKANOORANI POLICE STATION, CHEKKANOORANI, MADURAI DISTRICT.

(CRIME NO. 141 OF 2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S D.SELVARAJ Advocate For Respondent : MR.KANNITHEVAN Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as A2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 9(B)(i)(b) r/w 5 of explosive act, 1884 and Section 5 of Explosive Substance Act 1908, in Crime No.141 of 2016 on the file of the respondent police hence, seeks anticipatory bail. 2.The learned counsel for the petitioner submitted that the petitioner is a license holder to sell the explosives as per order issued by the licensing authority.

Further, he is having license to transfer the explosives from one place to another place in the vehicle bearing No. TN 57 AL 3586. But the case was registered against the accused for transporting the explosives. Further, the learned counsel appearing for the petitioner submitted that already A1 was released on bail in Crl.M.P.No.1693 of 2016 dated 29.03.2016 by the Principal Sessions Judge, Madurai.

3.Heard the learned Government Advocate (Crl.side) appearing for the State. He would submit that if the petitioner is released on bail, he will tamper the witnesses and the petition has to be dismissed.

4. On a perusal of the records, it is seen that the petitioner is having license for five years to transfer the explosives from one place to another place in the vehicle bearing No. TN 57 AL 3586. https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case and considering the fact that the petitioner is having license, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. 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.II, Usilampatti, and on 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 on further condition that the petitioner shall appear before the respondent police daily at 10.30 a.m., until further orders. If the petitioner is not complied with the condition as stipulated by this Court, the respondent police is directed to move cancellation of bail before this Court immediately. The petitioner shall comply with the condition 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 made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 18/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SKN TO 1 THE INSPECTOR OF POLICE,CHEKKANOORANI POLICE STATION, CHEKKANOORANI,MADURAI DISTRICT.

2 THE JUDICIAL MAGISTRATE NO.II, USILAMPATTI 3 THE CHIEF JUDICIAL MAGISTRATE,MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S D.SELVARAJ Advocate SR.No.21622

ORDER

IN CRL OP(MD) No.6172 of 2016 Date :18/04/2016 GJM/SKS/RR/AR-I-21.4.16-2P-6C https://hcservices.ecourts.gov.in/hcservices/