Madras High CourtCRL OP(MD)/13771/2022granted

Narayanan v. The Inspector Of Police

2022-07-29Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.13771 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13771 of 2022 Narayanan ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District.

Crime.No.165 of 2022.

... Respondent/Complainant For Petitioner : Mr.Samuel Gunasingh.P, Advocate.

For Respondent : Mr.P.Kottai Chamy, 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 is facing charges under Sections 279, 336 and 379 IPC and Section 194(1) of Motor Vehicle Act, 1988 in Crime No.165 of 2022 on the file of the respondent police. 2.The case of the prosecution is that without any valid permission, the petitioner has illegally transported 3 Units of Msand. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. 4.The learned Government Advocate(Crl.side) for the respondent police submitted that no previous case is pending against the petitioner.

5.Considering the facts and circumstances of this case that the petitioner is not having any previous case, this Court is inclined to grant anticipatory bail to the petitioner. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.13771 of 2022 6.Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial MagistrateIII, Tirunelveli, 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 shall stand dismissed.

sd/- 29/07/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To 1 THE JUDICIAL MAGISTRATE-III, TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, THALAIYUTHU POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.13771 of 2022 Date :29/07/2022 MM RS/SVR/SAR.1 (11.08.2022) 2P-5C https://www.mhc.tn.gov.in/judis 2/2