Sugitha v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Thirty First day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.19542 of 2018 SUGITHA ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE , P.E.W.POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

(CRIME NO.426 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.D.SELVARAJ Advocate For Respondent : Mrs.M.ANANTHA DEVI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 328, 420, 468 and 471 of I.P.C. and Sections 14A, 4(1)(a), 4(1-A) of TN Prohibition Act and Sections 11, 5, 6 and 7 of TN Rectified Spirit Rules 2000, in Crime No.426 of 2018 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on secret information, on 07.07.2018 at about 09.00 p.m., the respondent police conducted a raid in a chicken poultry run by the second accused, they found spirit, essence, bottles and fake holograms and they used to procure spirit from Kerala and sell the same in black market. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case.

4.The learned Government Advocate (criminal side) would submit that the investigation is pending.

https://hcservices.ecourts.gov.in/hcservices/ 5.Taking note of the facts and circumstances, 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, Nagercoil and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions 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 shall stand dismissed.

sd/- 31/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, NAGERCOIL.

2 THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI AT NAGERCOIL.

3 THE INSPECTOR OF POLICE P.E.W.POLICE STATION, NAGERCOIL, KANYAKUMARI DISTRICT.

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

PS/RR/SAR-1/15/11/2018/2P/5C

ORDER

IN CRL OP(MD) No.19542 of 2018 Date :31/10/2018 https://hcservices.ecourts.gov.in/hcservices/