The Madurai Bench granted anticipatory bail to the second accused in a case regarding illegal transportation of stones, subject to daily police appearance and other conditions.
Petitioner released on bail in the event of arrest or appearance, subject to bond execution, sureties, and daily police appearance for interrogation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL OP(MD). No.2806 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 09.02.2022
PRESENT
The Hon'ble Mrs.Justice R.THARANI
CRL OP(MD). No.2806 of 2022
Subbiah ... Petitioners/Accused No.2
Vs.
The State rep. by The Inspector of Police, Palayamkottai Police Station, Tirunelveli City, Tirunelveli District. (Crime No.912 of 2021). ... Respondent/Complainant
PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C
PRAYER :-
For Anticipatory Bail Crime No.912 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :-
The petitioners/Accused Nos.2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 of I.P.C., in Crime No.912 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioner illegally transported two units of stones on 28.12.2021. Therefore, a case in Crime No.912 of 2021 came to be filed against the petitioner.
3.On the side of the petitioner, it is stated that the earlier anticipatory bail petition filed by the petitioner was dismissed, https://hcservices.ecourts.gov.in/hcservices/ since co-accused were in custody, at that time. Now the co-accused
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CRL OP(MD). No.2806 of 2022
were released on bail in Crl.O.P.(MD)No.841 of 2022 and pray the petitioner to be released on anticipatory bail.
4.On the side of the respondent it is stated that the petitioner is the second accused. He is the owner of the vehicle. The case was registered for illegal transportation of stones. The petitioner was having a previous case in Crime No.409 of 2019 for the offences under Section 4(1)(a) of Tamil Nadu Prohibition Act.
6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.1, Tirunelveli, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners shall appear before the respondent Police for a period of one month daily at 10.30 a.m., and thereafter as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.
7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
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CRL OP(MD). No.2806 of 2022
TO
1 THE JUDICIAL MAGISTRATE NO.I, TIRUNELVELI.
ORDER IN CRL OP(MD) No.2806 of 2022 Date :09/02/2022 PKP/VR/SAR-2/14.02.2022/3P/5C
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1 issue framed by the court
Whether the petitioner should be granted anticipatory bail despite dismissed prior application and a previous prohibition case?
3 provisions across 3 enactments
Subbiah
The State
R. THARANI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
