CRL OP(MD)/18042/2017 of ARUMUGAM 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 Seventeen PRESENT

The Hon`ble Mr Justice S.VAIDYANATHAN

CRL OP(MD) No.18042 of 2017

1 ARUMUGAM 2 THANGAPANDI ... PETITIONERS/ ACCUSED RANK 1&2

Vs

STATE REPRESENTED BYTHE INSPECTOR OF POLICE THIRUPADAIMARUTHUR POLICE STATION, TIRUNELVELI DISTRICT, (CRIME NO.344/2017)... RESPONDENT/COMPLAINANT

For Petitioner : Mr.R.VENKATESAN 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 offence punishable under Sections 379 IPC in CrimeNo.344 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 haveloaded 1/4 unit of sand in Bullock Cart and on seeing the respondentpolice, the petitioners escaped from the place of occurrence.

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

4.Learned Government Advocate (Crl. Side) would submit thatthe 1[st] petitioner has no previous case and 2[nd] petitioner is havingone previous case.

5. Considering the facts and circumstances of the case andtaking note of the fact that the quantity is minimal and the 1[st]petitioner has no previous case, this Court is inclined to granthttps://hcservices.ecourts.gov.in/hcservices/anticipatory bail to the 1[st] petitioner. However, considering thefact that 2[nd] petitioner is having one previous case, this Court is not inclined to grant anticipatory bail to him.

6. Accordingly, the petition stands dismissed in respect of 2[nd]petitioner and the 1[st] petitioner is ordered to be released on bailin 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, Cheranmahadevi, on their executinga bond for a sum of Rs.10,000/- (Rupees Ten Thousand Only) withtwo sureties 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 1[st] petitioner shall deposit a sum of Rs.2,500/-(Rupees Two Thousand and Five Hundred only) to the credit of CrimeNo.344 of 2017 before the learned Judicial Magistrate,Cheranmahadevi; [b] the 1[st] petitioner shall report before the respondentpolice daily at 10.30 a.m. for a period of two weeks and thereafteras and when required for interrogation. [c] the 1[st] petitioner shall not tamper with evidence orwitness either during investigation or trial.[d] the 1[st] petitioner shall not abscond either duringinvestigation or trial.

[e] on breach of any of the aforesaid conditions, the learnedMagistrate/Trial Court is entitled to take appropriate actionagainst the 1[st] petitioner in accordance with law as if theconditions have been imposed and the 1[st] petitioner released on bailby the Magistrate/Trial Court himself as laid down by the Hon'bleSupreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]

Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1 THE JUDICIAL MAGISTRATECHERANMAHADEVI,TIRUNELVELI DISTRICT2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATETIRUNELVELI DISTRICT

3 THE INSPECTOR OF POLICETHIRUPADAIMARUTHUR POLICE STATION, https://hcservices.ecourts.gov.in/hcservices/TIRUNELVELI DISTRICT

3

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

+1. CC to M/S.R.VENKATESAN Advocate SR.No.37090