Nagoor Meeran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Nagoor Meeran, ... Petitioner/Accused No.5 Vs State Rep by The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District. Crime.No.165 of 2022.

... Respondent/Complainant For Petitioner : M/s. Suresh Kumar.M.S, Advocate.

For Respondent : Mr.B.Thanga Aravindh Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 165 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 279, 336, 379 IPC and Section 194(1) of MV Act, 1988 in Crime No.165 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner and other accused said to have illegally transported 3 units of M-sand by using Tipper Lorry. Hence, the complaint.

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3. The learned counsel for the petitioner submitted that the petitioner is only driver of the Lorry and he is innocent and his name has been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that without proper trip sheet the petitioner and other accused have transported the above said sand and there is no previous case against the petitioner.

5. Considering the nature of offence, the overt act attributed against the petitioner and that the petitioner is a driver of the lorry and there is no previous case against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.III, Thirunelveli on condition that the petitioner shall execute 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 the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition 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 stands dismissed.

sd/- 03/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO

1. The Judicial Magistrate No.III, Thirunelveli.

2. Do Through The Chief Judicial Magistrate, Thirunelveli.

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3. The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.M.S.SURESH KUMAR, Advocate ( SR-8133[I] dated 04/08/2022 )

ORDER

IN CRL OP(MD) No.12516 of 2022 Date : 03/08/2022 TR/PN/SAR-III(12.08.2022) 3P 6C 3/3