✦ Madras High Court

S.MURUGAN v. STATE THROUGH THEINSPECTOR OF POLICE

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Case at a glance

Judgment

Cause title

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )Thursday, the Twenty Fifth day of August Two Thousand ElevenPRESENTThe Hon`ble Ms.Justice R.MALACRL OP(MD) No.11260 of 2011S.MURUGAN ... PETITIONER

/ ACCUSED NO.1 VsSTATE THROUGH THEINSPECTOR OF POLICE, AVANIAPURAM POLICE STATION, MADURAI DT. CR.NO. 337/2011. ... RESPONDENT

/ COMPLAINANTFor Petitioner : M/S. A.T.VIJAY AdvocateFor Respondent : M/S. A.RAMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER :

The Court Made the following order :-The petitioner / A1 apprehends arrest at the hands of therespondent police for the alleged offence punishable under Sections 6(4) of TNSC (RDCS) Order read with 7(1)(a)(ii) of the EssentialCommodities Act, 1955, in Crime No.337 of 2011 on the file of therespondent police and hence, seeks anticipatory bail.

2.

The learned Counsel for the petitioner would submit that thepetitioner is innocent person and he has been falsely implicated inthis case. He would further submit that the petitioner was alreadyenlarged on bail by this Court vide order dated 05.08.2011 made in Crl.OP.(MD)No.10067 of 2011 and since the name of the respondentpolice has been wrongly typed, he has come forward with the freshapplication and hence, he prays for enlargement on anticipatory bail.

3.

The learned Additional Public Prosecutor would concede thatthe petitioner has already been enlarged on bail vide order dated05.08.2011 made in Crl.OP.(MD)No.10067 of 2011.

4.

Considering the submissions made on either side andconsidering the fact the petitioner has already been enlarged on bailvide order dated 05.08.2011 made in Crl.OP.(MD)no.10067 of 2011, I aminclined to grant anticipatory bail to the petitioner with certainconditions:i) the petitioner shall deposit a sum of Rs.15,000/- to thecredit of Crime No.337 of 2011 on the file of the Judicial MagistrateNo.III, Madurai, and https://hcservices.ecourts.gov.in/hcservices/ ii) On receipt of such deposit, the petitioner is ordered to bereleased on bail in the event of his arrest or on his appearancebefore the learned Judicial Magistrate No.III, Madurai and each ofthem executing a separate bond for a sum of Rs.10,000/- (Rupees TenThousand only) with two sureties each for a like sum to thesatisfaction of the learned Judicial Magistrate concerned andiii) the petitioner shall report before the Court concerned dailyat 10.30 a.m. until further orders.

5.

The petitioner shall comply with the condition stipulatedunder Section 438 Cr.P.C. scrupulously.

6.

The petitioner shall appear before the concerned Magistratewithin a period of 15 days from the date on which the order copy ismade ready, failing which, the petitioner for anticipatory bailstands dismissed. sd/- 25/08/2011 / TRUE COPY / Sub-Assistant Registrar (C.S.)TO1 THE JUDICIAL MAGISTRARE NO.III, MADURAI2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE MADURAI3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE, AVANIAPURAM POLICE STATION, MADURAI DT+1. CC to M/S. A.T.VIJAY Advocate SR.No.29285 ORDER IN CRL OP(MD) No.11260 of 2011 Date :25/08/2011SMA/29.8.2011/6C/2P

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