CRL OP(MD)/18050/2017 of K.SENTHIL Vs THE INSPECTOR OF POLICE on 28 December 2017

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Eighth day of December Two Thousand SeventeenPRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.18050 of 2017

1 K.SENTHIL

2 M.VASU ... PETITIONERS/ACCUSED Nos.1&2

Vs

STATE REPRESENTED THROUGH,THE INSPECTOR OF POLICE, GANDAMANUR POLICE STATION, THENI DISTRICT, (IN CR.NO. 559 OF 2017) ... RESPONDENT/COMPLAINANT

For Petitioners : M/S.C.M.ARUMUGAM 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 IPC r/w 3(3) ofTamilnadu Property Prevention of Damage and Loss Act, in CrimeNo.559 of 2017 on the file of the respondent police, the petitionershave come forward with this petition seeking anticipatory bail.

2.The case of the prosecution is that the petitioners arealleged to have indulged in illegal transportation of one unit ofsand in the lorry. The vehicle has been seized.

4. The learned counsel for the petitioners submitted that thepetitioners are innocent and they have been falsely implicated inthis case.

5.Learned Government Advocate (Crl. Side) would submit thatthe petitioners have no previous case.

6. Considering the facts and circumstances of the case andtaking note of the fact that the quantity is minimal and thepetitioners are having no previous case, this Court is inclined tohttps://hcservices.ecourts.gov.in/hcservices/grant anticipatory bail to the petitioners.

7. Accordingly, the petitioners are 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, Andipatti, Theni District, on theirexecuting a bond for a sum of Rs.10,000/- (Rupees Ten ThousandOnly) with two sureties each for a like sum to thesatisfaction of the respondent police or the police officer whointends to arrest or to the satisfaction of the Magistrateconcerned and on further condition that:

[a] the petitioners 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 petitioners shall not tamper with evidence or witnesseither during investigation or trial; [c] the petitioners 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 petitioners in accordance with law as if the conditionshave been imposed and the petitioners 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.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1 THE JUDICIAL MAGISTRATE,ANDIPATTI, THENI DISTRICT

2 THE CHIEF JUDICIAL MAGISTRATE, THENI

3 THE INSPECTOR OF POLICE, GANDAMANUR POLICE STATION, THENI DISTRICT. GANDAMANUR POLICE STATION, THENI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.C.M.ARUMUGAM Advocate SR.No.37101