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Madras High CourtCRL OP(MD)/68/2020granted

Thirukumaran v. The Sub Inspector Of Police

2020-01-06Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.68 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.68 of 2020

1. Thirukumaran

2. Kundan @ Balamurugan ... Petitioners/Accused No.8 & 10 Vs State Rep.by The Sub Inspector of Police, Irukkankudi Police Station, Virudhunagar District.

Crime No.227/2019 ... Respondent/Complainant For Petitioners: MR.N.ANANTHAPADMANABHAN, Advocate for M/s.APN Law Associates For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.227 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent.

2.The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of I.P.C. R/W 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.227 of 2019, on the file of the respondent police, seek anticipatory bail.

3.The learned Government Advocate (Crl. side) would point out that the second petitioner is having some previous cases. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.68 of 2020 4.I carefully went through the First Information Report. Except making a bare mention of the petitioners, there is absolutely no other material. In this case, two lorries and JCB were seized. They do not belong to the petitioners herein. Therefore, I do not find any prima facie case against the petitioners herein. 5.In view of the above, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Sattur, and on their executing 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 on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6.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 shall stand dismissed.

sd/- 06/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, SATTUR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.

3. THE SUB INSPECTOR OF POLICE, IRUKKANKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1 CC to M/s.APN LAW ASSOCIATES, Advocate ( SR-325[I] dated 07/01/2020 )

ORDER

IN CRL OP(MD) No.68 of 2020 Date :06/01/2020 MS/PN/SAR-2/08.01.2020/2P.6C https://hcservices.ecourts.gov.in/hcservices/ 2/2