G.Murugesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twentieth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.14658 of 2018 G.MURUGESAN ... PETITIONER / ACCUSED No.2 Vs STATE THROUGH THE INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING, PATTUKOTTAI TALUK, THANJAVUR DISTRICT.

Crime No.583/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.VENKATESHWAR 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)(g) and 4(1-A) of Tamil Nadu Prohibition Act, in Crime No.583 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant, who is the Inspector of Police, while at the time of inspection, they seized 200 litres of arrack. After seeing the police official the petitioner and others escaped from that place. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent. He did not commit any offence as alleged by the prosecution. Hence, he prays for anticipatory bail. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the said contraband was recovered and the investigation is still pending.

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 https://hcservices.ecourts.gov.in/hcservices/

bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Pattukkottai, 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 10.30 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/- 20/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, PATTUKKOTTAI.

2.THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT. 3.THE INSPECTOR OF POLICE, PROHIBITION ENFORCEMENT WING, PATTUKOTTAI TALUK, THANJAVUR DISTRICT.

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

+1. CC to Mr.R.VENKATESHWAR Advocate SR.No.15752

ORDER

IN CRL OP(MD) No.14658 of 2018 Date :20/08/2018 TK/PN/SAR.1/24.08.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/