Madras High CourtCRL OP(MD)/13459/2018disposed of

Balaji@Balakrishnan v. The Sub Inspector Of Police

2018-07-31Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13459 of 2018 1 BALAJI@BALAKRISHNAN 2 MURUGESAN@MANIKANDAN ...PETITIONERS / ACCUSED No.1 & 2 Vs STATE REPRESENTED THROUGH THE SUB INSPECTOR OF POLICE, AZHWARTHIRUNAGIRI POLICE STATION, THOOTHUKUDI DISTRICT.

Crime No.117 of 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.SELVAKUMAR Advocate For Respondent : Mr.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offence punishable under Section 379 I.P.C, in Crime No.117 of 2018, seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.Side) appearing for the respondent.

3.It is seen that 60 bags of river sand are involved in this case. The first petitioner is having two previous cases to his credit. Taking note of the bad antecedents of the first petitioner, this Court is not inclined to grant anticipatory bail. Accordingly, this Criminal Original Petition is dismissed in respect of the first petitioner.

4. Taking note of the fact that the second petitioner is not having any previous case, this Court is inclined to grant anticipatory bail to the second petitioner with certain conditions. Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Srivaikundam 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 https://hcservices.ecourts.gov.in/hcservices/

concerned and on further condition that the second petitioner shall appear before the respondent police as and when required for interrogation. The second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 5.The second 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 shall stand dismissed.

sd/- 31/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, SRIVAIKUONDAM.

2.THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3.THE SUB INSPECTOR OF POLICE, AZHWARTHIRUNAGIRI POLICE STATION, THOOTHUKUDI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to Mr.S.SELVAKUMAR Advocate SR.No.14555

ORDER

IN CRL OP(MD) No.13459 of 2018 Date :31/07/2018 TK/PN/SAR.1/06.08.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/