CRL OP(MD)/18051/2017 of ANBAZHAGAN 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.18051 of 2017

ANBAZHAGAN ... PETITIONER/ACCUSED RANK 1

Vs

STATE REPRESENTED BY,THE INSPECTOR OF POLICE, THIRUPADAIMARUTHUR POLICE STATION, TIRUNELVELI DISTRICT

(CRIME NO. 335/2017) ... RESPONDENT/COMPLAINANT

For Petitioner : M/S.R.RAJESHKUMAR 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.335 of 2017 on the file of the respondent police, the petitionerhas come forward with this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioner hasloaded one unit of sand in Tractor bearing Registration number TN72 P 8484 and on seeing the respondent police, the petitionerescaped from the place of occurrence.

4. The learned counsel for the petitioners submitted that thepetitioner is innocent and he has been falsely implicated in thiscase.

5. Learned Government Advocate (Crl. Side) would submit thatthe petitioner has no previous case.

6. Considering the facts and circumstances of the case andtaking note of the fact that the quantity is minimal and thepetitioner has no previous case, this Court is inclined to grantanticipatory bail to the petitioner. https://hcservices.ecourts.gov.in/hcservices/

7. Accordingly, the petitioner is ordered to be released on bail in the event of his 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 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 deposit a sum of Rs.2,500/- (RupeesTwo Thousand and Five Hundred only) to the credit of Crime No.335of 2017 before the learned Judicial Magistrate, Cheranmahadevi.

[b] the 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 petitioner shall not tamper with evidence or witnesseither during investigation or trial.

[d] the 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 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

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1 THE JUDICIAL MAGISTRATE, CHERANMAHADEVI, TIRUNELVELI DISTRICT

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT

3 THE INSPECTOR OF POLICE, THIRUPADAIMARUTHUR POLICE STATION, TIRUNELVELI DISTRICT. THIRUPADAIMARUTHUR POLICE STATION, TIRUNELVELI DISTRICT.

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

PK/CM/SAR-2/02.01.2018 : 2P/6C