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Madras High CourtCRL OP(MD)/6883/2016allowed

V. Suresh v. The Inspecor Of Police

2016-04-25Honourable Mr Justice G. Chockalingam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fifth day of April Two Thousand Sixteen PRESENT The Hon`ble Mr Justice G.CHOCKALINGAM CRL OP(MD) No.6883 of 2016 V. SURESH ... PETITIONER/ACCUSED NO.2 Vs STATE REP BY THE INSPECOR OF POLICE PEW UNIT,KARUR POLICE STATION, KARUR, CR NO. 254/2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S V.BALAJI Advocate For Respondent : MR.A.P.BALASUBRAMANI 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 offence punishable under Section 4(1)(a) r/w 24 of Tamil Nadu Prohibition Act, in Crime No.254 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2.The case of the prosecution is that when the de-facto complainant has conducted a secret inspection in TASMAC Shop No.4913, they have seized 27 bottles of Brandy and Rum, which were illegally possessed by the accused.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he is the owner of the Bar and he has not committed any offence alleged by the prosecution and based on the confession of A1, who is the sales man of the TASMAC shop, the petitioner has been falsely implicated in this case. 4.Heard the learned Government Advocate (Criminal side) appearing for the respondent.

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

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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.I, Karur 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 on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. The respondent police is at liberty to secure the petitioner in the event of non-compliance of the abo ve conditions.

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/- 25/04/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.I,KARUR 2 THE CHIEF JUDICIAL MAGISTRATE,KARUR 3 THE INSPECOR OF POLICE PEW UNIT, KARUR POLICE STATION, KARUR, 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S V.BALAJI Advocate SR.No.23327

ORDER

IN CRL OP(MD) No.6883 of 2016 Date :25/04/2016 AA/SKS-RR/AR-I/02.05.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/