Madhan Kumar. R v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Mathan Kumar ... Petitioner/Accused No.3 Vs State, represented by The Inspector of Police, Vembakottai Police Station, Virudhunagar District.
(Crime No.185 of 2023).
... Respondent/Complainant For Petitioner :
Mr.K.Dinesh, Advocate.
For Respondent :
Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.185 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused No.3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 9(b)(1)(a) of Indian Explosives Act, 1884, in Crime No.185 of 2023 on the file of the respondent 1/4
police, seeks anticipatory bail.
2. The case of the prosecution is that on secret information received by the respondent Police, the petitioner and other co-accused were found in manufacturing of crackers illegally without any permission, after the factory's license expired two years ago and the properties have been seized by the respondent Police. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent and is no way connected in this case. Already the co-accused were released on bail. The petitioner has filed an undertaking affidavit to the effect that he will not indulge in any similar activities in future
4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that the petitioner is having no previous case at his credit.
5. Considering the facts and circumstance of this case and considering that the petitioner is having no previous case and the petitioner has filed an undertaking affidavit to the effect that he will not indulge in any similar activities in future, 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.II, Sattur, on condition that the petitioner shall execute 2/4
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/- 28/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.
3 THE INSPECTOR OF POLICE, VEMBAKOTTAI POLICE STATION, SIVAKASI, VIRUTHUNAGAR DISTRICT.
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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.13276 of 2023 Date :28/07/2023 RS/MMS/SAR-(04.08.2023) 4P 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4