Anticipatory bail sought by a shop owner arrayed as A7 for allegedly encouraging theft of railway rails and receiving stolen rails; 17.5 metres of rails recovered from his shop and more outstanding. The court declined bail, noting the third application, and dismissed the petition.
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CRL OP(MD). No.12693 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
( Criminal Jurisdiction )
Date : 03/09/2024
PRESENT
THE HON`BLE MR.JUSTICE B.PUGALENDHI
CRL OP(MD). No.12693 of 2024
Kumaresan, ... Petitioner/Accused Vs The Inspector of Police, Railway Protection Force, Madurai, Crime No.09/2024. ... Respondent/Complainant
For Petitioner : Mr.C.Mayil Vahana Rajendran, Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side)
PETITION FOR ANTICIPATORY BAIL UNDER SECTION 482 OF BNSS
PRAYER :-
For Anticipatory Bail in Crime No.9/2024 on the file of the respondent police.
ORDER : The Court made the following order :-
The petitioner, who apprehends arrest at the hands of the respondent police for https://www.mhc.tn.gov.in/judis
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CRL OP(MD). No.12693 of 2024
the alleged offence under Section 3(a) of Railway Property (Unlawful Possession) Amendment Act, 2012, in Crime No.9 of 2024, seeks anticipatory bail.
2.The petitioner is arrayed as A7 in the above case. He is the owner of R.K.Metal Shop. The allegation as against the petitioner is that he has encouraged the other accused for committing the theft of rails from Railway Department. The respondent police has recovered 17.5 metres of rails from the petitioner's shop and they have arrested his son, who is A4 in this case.
5.The learned Deputy Solicitor General appearing for the respondent police has produced an Audio script, which was recorded during the enquiry by the Railway https://www.mhc.tn.gov.in/judis
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CRL OP(MD). No.12693 of 2024
Police with the petitioner's son/A4 and submits that A4 has admitted the receipt of rails from various persons, including one Murugan/accused in this case. The learned Deputy Solicitor General has also produced the bank details of this petitioner, in which, there was several transactions between the main accused and this petitioner. He further submits that 28.5 meters of rails are yet to be recovered from the accused persons.
6.Considering the materials placed before this Court, nature of allegations and the fact that the stolen rails are yet to be recovered from the accused persons, this Court is not inclined to grant anticipatory bail to this petitioner.
7.Accordingly, this Criminal Original petition is dismissed.
sd/03/09/2024 / TRUE COPY /
/ 09 /2024 Sub-Assistant Registrar (C.S. I / II / III / IV) Madurai Bench of Madras High Court, Madurai - 625 023.
VRN
TO
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CRL OP(MD). No.12693 of 2024
+1 CC to M/s.S.MARUTHUPANDIAN, Advocate ( SR-10762[I] dated 03/09/2024 )
ORDER
IN
CRL OP(MD) No.12693 of 2024 Date :03/09/2024
PSP/ GS /SAR /10.09.2024/ 4P/ 4C
Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023
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1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner, A7, accused of receiving stolen railway rails under Section 3(a) of the Railway Property Act.
2 provisions across 2 enactments
Kumaresan
The Inspector of Police, Railway Protection Force, Madurai
B.PUGALENDHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
