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Madras High CourtCRL OP/8191/2016granted

Nataraj v. State By

2016-04-12Honourable Mr Justice K. Kalyanasundaram2 pages

Crl.O.P.No.8191 of 2016 K.KALYANASUNDARAM , J.

The petitioner/accused apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 of IPC read with Section 21(1) of Mines and Mineral Act, on the file of the respondent police, in Crime No.271 of 2016 and seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is the owner and he is said to have transported sand illegally without valid licence.

3. The learned counsel appearing for the petitioner would submit that the petitioner has been falsely implicated in this case and he is no way in connected with the offence as alleged by the prosecution. He further submitted that the petitioner, to show his bonafide, volunteered and agreed to donate Rs.10,000/-.

4. Heard the learned Government Advocate (Crl. Side) appearing for the respondent.

5. Considering the facts and circumstances of the case and also considering the nature of the allegation made against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

K.KALYANASUNDARAM , J.

vs 6.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Krishnagiri and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the "The Principal, Govt. Hr. Sec. School for Blind, Poonamallee, Chennai-600 056 (Ph Nos.9585109379, 9444260302) and the petitioner shall appear before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7.

The petitioner 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. vs 12.04.2016 Crl.O.P.No.8191 of 2016