Manoj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2024 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN Manoj ... Petitioner/Accused Rank Not Known Vs The Inspector of Police, Anjugramam Police Station, Kanyakumari District.
(*)Crime No.235/2024.
... Respondent/Complainant For Petitioner :
M/s.C.Susi Kumar, Advocate.
For Respondent :
Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SEC 482 OF BNSS PRAYER :- For Anticipatory Bail in (*)Crime No.235 of 2024 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in (*)Crime No.235 of 2024, for the offence under Section 379 IPC, has filed this petition seeking anticipatory bail. 1/4
2. The case of the prosecution is that the petitioner has transported the minerals beyond the permit level.
3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. However, this case has been foisted against the petitioner. Hence, he prays for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl. Side) strongly objects this petition and submits that the investigation is yet to be completed. However, he further submits that co-accused/A1 was already obtained anticipatory bail before this Court in Crl.O.P.(MD)No.9429 of 2024.
5. Considering the nature of offence and considering the fact that co-accused obtained anticipatory bail, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of arrest or on his appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate on condition that (i) the petitioner executes a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the learned 2/4
Judicial Magistrate No.III, Nagercoil.
(ii) The petitioner 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 petitioner shall appear before the respondent police as and when required for interrogation. He has to co-operate for the investigation. (iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. (v) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 08/07/2024 (*)CORRECTED AS PER THE ORDER OF THIS HON'BLE COURT IN CRL OP(MD)No.10023 OF 2024 DATED 30/07/2024.
/ TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LS TO TO BE SUBSTITUTED WITH THE ORDER DATED 08/07/2024 ALREADY DESPATCHED 1 THE JUDICIAL MAGISTRATE NO.III, NAGERCOIL.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.
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3 THE INSPECTOR OF POLICE, ANJUGRAMMAM POLICE STATION, KANYAKUMARI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.SUSIKUMAR, Advocate ( SR-7667[I] dated 09/07/2024 )
ORDER
IN CRL OP(MD) No.10026 of 2024 Date :08/07/2024 RS/VR/SAR-(19.07.2024) 4P 6C LS SS/VR/SAR- /09/08/2024/ 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4