Madras High CourtCRL OP(MD)/6733/2016bail granted

Duraiyan v. The Inspecor Of Police

2016-04-21Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice G.CHOCKALINGAM CRL OP(MD) No.6733 of 2016 DURAIYAN ... PETITIONER /2nd ACCUSED Vs THE STATE REP.BY THE INSPECOR OF POLICE AMBILIKAI POLICE STATION, DINDIGUL DISTRICT, CR NO. 63 OF 2016. RESPONDENT / COMPLAINANT For Petitioner : M/S D.VENKATESH Advocate For Respondent : MR.P.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 accused, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(d) r/w 4(1)(A) of TNP Act, in Crime No.

63 of 2016 on the file of the respondent police hence, seeks anticipatory bail. 2.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence and a false case has been foisted against him. He further submitted that the co-accused/A1 was enlarged on bail by the Principal Sessions Court, Dindigul.

3.Heard the learned Government Advocate (Crl.side) appearing for the State.

4.Considering the facts and circumstances of the case and also considering the fact that the co-accused/A1 was granted bail by the Principal Sessions Court, Dindigul, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Oddanchathiram 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 on every Monday at 10.30 a.m., until further orders, without fail. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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6. 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.

7.It is made clear that if the petitioner fails to comply with the condition as stipulated above by this Court, the respondent police is directed to move an application for cancellation of bail before this Court immediately.

sd/- 21/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ODDANCHATHIRAM.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECOR OF POLICE AMBILIKAI POLICE STATION, DINDIGUL DISTRICT, +1. CC to M/S D.VENKATESH Advocate SR.No.23065.

ORDER

IN CRL OP(MD) No.6733 of 2016 Date :21/04/2016 AM/NGM.SS/AR-I/25.04.2016/2P/6C https://hcservices.ecourts.gov.in/hcservices/