Giltas v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Giltas
2. Antony Jermans
3. Sahaya Nathan
4. Raju @ Mathan
5. Kirubai ... Petitioners/Accused Nos. 1 to 5
Versus
State rep. by The Inspector of Police, C5, Pamban Police Station, Rameswaram Sub-Division Ramnad District.
(Crime No. 61 of 2024) ... Respondent/Complainant For Petitioners : Mr.J.Sankarapandian,Advocate For Respondent : Mr.M.Sakthi Kumar Government Advocate (Crl. side) 1/5
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.61 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.61 of 2024, for the offence punishable under Sections 188 and 353 IPC, have filed this petition seeking anticipatory bail.
2. The case of the prosecution is that as against the Government Order No.57, Food Care Dairy and Fisheries Department, dated 03.03.2017, the petitioners thwarted the anchor and moved the boats to another place. Therefore, the boat was seized by the Srilanka Police. However, the petitioners have used another boat by using the registration number of the seized boat. Hence, the case.
3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that the investigation is yet to be completed.
5. Considering the facts and circumstances of the case and also considering the 2/5
nature of allegation, this Court is inclined to grant anticipatory bail to the petitioners.
6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail in the event of their arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Rameswaram, on condition that (i) the petitioners execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Rameswaram.
(ii) The petitioners and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;
(iii) The petitioners shall appear before the respondent police once in a week at 10.30 a.m until further orders. They have to co-operate for the investigation. (iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. 3/5
(v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 24/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
JBR TO THE JUDICIAL MAGISTRATE, RAMESWARAM DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
THE INSPECTOR OF POLICE C5, PAMBAN POLICE STATION, RAMESWARAM SUB DIVISION, RAMNAD DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.J.SANKARAPANDIAN, Advocate ( SR-6862[I] dated 24/06/2024 )
ORDER
IN CRL OP(MD) No.9232 of 2024 Date :24/06/2024 PKP/JGB/SAR /05.07.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5