Madras High Court
CRL OP(MD)/18055/2017 of BALAMURUGAN Vs THE INSPECTOR OF POLICE on 28 December 2017
BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT The Hon`ble Mr Justice S.VAIDYANATHAN CRL OP(MD) No.18055 of 2017 BALAMURUGAN ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP. BY THE INSPECTOR OF POLICE
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )
Thursday, the Twenty Eighth day of December Two Thousand Seventeen PRESENT
The Hon`ble Mr Justice S.VAIDYANATHAN
CRL OP(MD) No.18055 of 2017
BALAMURUGAN
Vs
... PETITIONER/ACCUSED RANK NOT KNOWN
THE STATE REP. BYTHE INSPECTOR OF POLICE PALAVOOR POLICE STATION, TIRUNELVELI DISTRICT
(CRIME NO.267/2017)... RESPONDENT/COMPLAINANT
For Petitioner : Mr.M.SUBASH BABU Advocate For Respondent : Mr.K.ANBARASAN, Government Advocate (Crl.side)
PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.
ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police forthe alleged offences punishable under Sections 379 (sand theft) ofIPC in Crime No.267 of 2017 on the file of the respondent police,the petitioner has come forward with this petition seekinganticipatory bail.
2. The case of the prosecution is that the petitioner is allegedto have indulged in illegal transportation of one unit of sand. Thevehicle has been seized.
3. The learned counsel for the petitioner submitted that thepetitioner is an innocent person and he has been falsely implicatedin this case.
4. Learned Government Advocate (Crl. Side) would submit thatthe petitioner has no previous case.
5. Considering the facts and circumstances of the case andtaking note of the fact that the quantity is minimal and thepetitioner is having no previous case, this Court is inclined togrant anticipatory bail to the petitioner.https://hcservices.ecourts.gov.in/hcservices/
6. Accordingly, the petitioner is ordered to be released onbail in the event of their arrest or appearance, within a period offifteen days from the date of receipt of a copy of this order,before the Judicial Magistrate Court, Vallioor,on his executing abond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) with twosureties each for a like sum to the satisfaction of therespondent police or the police officer who intends to arrest or tothe satisfaction of the Magistrate concerned and on furthercondition that:
[a] the petitioner shall report before the respondent policedaily at 10.30 a.m. for a period of two weeks and thereafter as andwhen required for interrogation; [b] the petitioner shall not tamper with evidence or witnesseither during investigation or trial; [c]the petitioner shall not abscond either duringinvestigation or trial; [d] on breach of any of the aforesaid conditions, the learnedMagistrate/Trial Court is entitled to take appropriate actionagainst the petitioner in accordance with law as if the conditionshave been imposed and the petitioner released on bail by theMagistrate/Trial Court himself as laid down by the Hon'ble SupremeCourt in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560].
sd/-
28/12/2017
/ TRUE COPY /
Sub-Assistant Registrar (C.S.)
TO
1 THE JUDICIAL MAGISTRATE, VALLIYOOR
2 -do- thro' THE CHIEF JUDICIAL MAGISTRATETIRUNELVELI DISTRICTTIRUNELVELI DISTRICT
3 THE INSPECTOR OF POLICEPALAVOOR POLICE STATION, TIRUNELVELI DISTRICTPALAVOOR POLICE STATION, TIRUNELVELI DISTRICT
4 THE ADDITIONAL PUBLIC PROSECUTOR,
MADURAI BENCH OF MADRAS HIGH COURT, MADURAI
+1. CC to M/S.M.SUBASH BABU Advocate SR.No.37113
ORDER IN
CRL OP(MD) No.18055 of 2017
Date :28/12/2017