Kamarasu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of January Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.1016 of 2015 KAMARASU ... PETITIONER/ACCUSED NO.2 Vs STATE REP BY THE INSPECTOR OF POLICE PALANI CHETTIPATTY POLICE STATION, THENI DISTRICT. CR. NO.870/2014. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SUBASH BABU Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 I.P.C and 4(1)(a) r/w 21(1) of Mines and Minerals Act in Crime No.870 of 2014 on the file of the respondent police, seeks anticipatory bail.

2. It is alleged that the petitioner was possessing one unit of sand without having any valid permit.

3. It is represented by the learned Government Advocate (Crl.Side) that there is no previous case against the petitioner.

4. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Theni, on condition that the petitioner shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

https://hcservices.ecourts.gov.in/hcservices/ [a] the petitioner shall report before the respondent police station daily at 10.30 a.m for a period of two weeks and thereafter

as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 22/01/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,THENI 2 THE CHIEF JUDICIAL MAGISTRATE,THENI 3 THE INSPECTOR OF POLICE PALANI CHETTIPATTY POLICE STATION, THENI 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.SUBASH BABU Advocate SR.No.3277

ORDER

IN CRL OP(MD) No.1016 of 2015 Date :22/01/2015 AA/29.01.2015/2p- 6c/ https://hcservices.ecourts.gov.in/hcservices/