Sureshkumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventh day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14027 of 2018 SURESHKUMAR ... PETITIONER / ACCUSED NO.6 Vs STATE: REP.BY THE INSPECTOR OF POLICE, PEW POLICE STATION, DINDIGUL.

(CRIME NO.667/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.A.JOSEPH JERRY Advocate For Respondent : Mr.V.NEELAKANDAN Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(aaa), 4(1-A), 4(1)(i) of TNP Act (Transport) and Sections 420, 468, 471 and 476 I.P.C. in Crime No.667 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that A1 to A4 have manufactured the illicit arrack and labelled the same as TASMAC Indian Made Foreign Liquor bottles. They have handed over the said illicit arrack to the petitioner/A6 for marketing purpose. Hence, the case has been registered.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person. There was no recovery of liquor bottles from the petitioner. Only based on the confession statement of the co-accused, the petitioner's name has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor appearing for the respondent submits that totally there are six accused in this case. The petitioner herein is arrayed as Accused No.6. He further submits that if the petitioner is granted an anticipatory bail, he will involve the same nature of offence in future. Hence, he vehemently https://hcservices.ecourts.gov.in/hcservices/

opposed the grant of anticipatory bail to the petitioner. 5.Admittedly A1 to A4 are the manufacturers of the illicit liquor bottles and labels. As far as the petitioner/A6 is concerned, he is only a seller of the said liquor bottles. There is no previous case is pending against the petitioner. 6.Considering the facts and circumstances of the case, 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 Judicial Magistrate No.II, Dindigul 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 and on further condition that the petitioner shall appear before the Inspector of Police, Town Police Station, Pudukkottai daily at 10.30 a.m until further orders. The petitioner shall comply with the conditions 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 07/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

MSA TO THE JUDICIAL MAGISTRATE NO-II,DINDIGUL.

THE CHIEF JUDICIAL MAGISTRATE,DINDIGUL.

3 THE INSPECTOR OF POLICE, PEW POLICE STATION, DINDIGUL.

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

+1. CC to Mr.A.JOSEPH JERRY Advocate SR.No.77563 PS/MMS/SAR-4:14/08/2018:2P/6C

ORDER

IN CRL OP(MD) No.14027 of 2018 Date :07/08/2018 https://hcservices.ecourts.gov.in/hcservices/