Kalaivanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/09/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.15308 of 2022 Kalaivanan ... Petitioner/Accused-3 Vs State rep.by The Inspector of Police, PEW Police Station, Kumbakoknam, Thanjavur District.

(Crime No.1805 of 2022).

... Respondent/Complainant For Petitioner : Mr.Paul Murugesh 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.1805 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner is facing charges under Sections 4(1) (aaa) and 4(1-A) of Tamil Nadu Prohibition Act and Sections 420, 465, 468, 471 and 272 IPC in Crime No.1805 of 2022 on the file of the respondent police.

2.The learned Government Advocate (Crl.side) for the respondent would submit that the petitioner is having no previous bad antecedents and the accused 1 and 2 have been arrested and remanded to judicial custody. He would further submit that the petitioner is an agent, who has collected the empty bottles, which have also been supplied to the accused 1 and 2 for filling up the same.

3.Considering the fact that the petitioner is having no previous bad antecedents, this Court is inclined to grant anticipatory bail to the petitioner.

4.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 Magistrate, Thiruvidaimaruthur, Thanjavur District, 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. 5.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/- 01/09/2022 / TRUE COPY / 08/09/2022 Sub-Assistant Registrar (C.S.II) Madurai Bench of Madras High Court, Madurai - 625 023.

MM 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, THIRUVIDAIMARUTHUR, THANJAVUR DISTRICT.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE, PEW POLICE STATION, KUMBAKONAM, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.15308 of 2022 Date :01/09/2022 SP/SVR/SAR II/08/09/2022/3P/5C