Madras High CourtCRL OP(MD)/24143/2016disposed of

Balasubramanian v. The Assistant Sub Inspector

2017-01-052 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fifth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.24143 of 2016 BALASUBRAMANIAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE ASSISTANT SUB INSPECTOR OF POLICE, RAILWAY PROTECTION FORCE, TIRUCHENDUR, THOOTHUKUDI DISTRICT.

CR. NO. 7 OF 2016 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.M.VISHNUVARTHANAN Advocate For Respondent : MR.P.KANDASAMY, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 3(a) of Railway Property (Unlawful Possession) Amendment Act, 2012 in Crime No.7 of 2016 on the file of the respondent police and hence, seeks anticipatory bail.

2. The learned counsel for the petitioner states that the petitioner herein is accused in this case and he has been implicated as per the confession given by the accused in Crime No.13 of 2016. He further states that the petitioner is working in Southern Railway at Tiruchendur as a points Man/A and due to previous enmity, this case has been foisted against the petitioner herein. 3.The learned Government Advocate (Crl.side) appearing for the respondent states that totally there are 3 accused in this case and A1 and A2 were already arrested and they are in custody. He further states that the property was stolen worth about Rs.13,550/-, but a sum of Rs.650/- alone recovered.

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4. Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the Judicial Magistrate, Tiruchendur and on his executing 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. for a period of three weeks and thereafter as and when required. 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 is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 05/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TIRUCHENDUR.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE ASSISTANT SUB INSPECTOR OF POLICE, RAILWAY PROTECTION FORCE, TIRUCHENDUR, THOOTHUKUDI DISTRICT +1. CC to M/S.P.M.VISHNUVARTHANAN Advocate SR.No.1021.

ORDER

IN CRL OP(MD) No.24143 of 2016 Date :05/01/2017 AM/SKN/SAR-3/09.01.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/