Yogaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of June Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.9908 of 2016 YOGARAJ ... PETITIONER/ACCUSED NO.2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE PEW THURAIYUR, TIRUCHIRAPALLLI DISTRICT, CRIME NO. 447 OF 2016. ... RESPONDENT/COMPLAINANT For Petitioner : M/S M.JEGADEESH PANDIAN 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 No.2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 4(1)(i), 24 of Tamil Nadu Prohibition Act in Crime No.447 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner sold the liquor in front of the bar illegally and on complaint, a case has been registered against the petitioner.

3. The learned counsel appearing for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He further submitted that the petitioner is owner of the bar and at the time of occurrence, he is not at all present in the scene of occurrence and prays for anticipatory bail in favour of the petitioner.

4. The learned Government Advocate (Crl.Side) submitted that the investigation of the case is pending.

5.Considering the facts and circumstances of the case and also considering the fact that the petitioner is owner of the bar and he is not at all present in the scene of occurrence, 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 https://hcservices.ecourts.gov.in/hcservices/

Judicial Magistrate, Thuraiyur, Thiruchirappalli District 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 am until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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.

sd/- 22/06/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,THURAIYUR, THIRUCHIRAPPALLI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THIURUCHIRAPPALLI. 3 THE INSPECTOR OF POLICE,PEW THURAIYUR, TIRUCHIRAPALLLI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S M.JEGADEESH PANDIAN Advocate SR.No.32188 TRP CSL/SK-SKN/SAR-III/24.06.2016 : 2P/6C

ORDER

IN CRL OP(MD) No.9908 of 2016 Date :22/06/2016 https://hcservices.ecourts.gov.in/hcservices/