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Madras High CourtCRL OP(MD)/19809/2018ordered

Mdhanraj, S/O.Loganathan v. The Inspector Of Police,

2018-11-02Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Second day of November Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.19809 of 2018 MADHANRAJ, ... PETITIONER /SOLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE, KULASEKARAPATTINAM POLICE STATION, THOOTHUKUDI DISTRICT.

(CRIME NO.214 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.D.RAMESHKUMAR 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 Section 4(1-A) of Tamilnadu Prohibition Act, in Crime No.214 of 2018, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent. 3.The case of the prosecution is that on 30.10.2018, the respondent police has conducted a prohibition raid and at that time, the petitioner was in possession of 38 bottles of TASMAC Arrack. 4.The learned counsel for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. He is an innocent person and he was falsely implicated in this case.

5.The learned Government Advocate (Crl. Side) would submit that the petitioner was having 33 bottles of TASMAC arrack at the time of prohibition raid conducted by the respondent police. https://hcservices.ecourts.gov.in/hcservices/

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, Tiruchendur and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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. 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 made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 02/11/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, TIRUCHENDUR.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3.THE INSPECTOR OF POLICE, KULASEKARAPATTINAM POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to MR.D.RAMESHKUMAR Advocate SR.No.21116

ORDER

IN CRL OP(MD) No.19809 of 2018 Date :02/11/2018 TM AE/RR/SAR1/12.11.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/