Koorikonar, (Aged 74), v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Ninth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.10193 of 2015 1 KOORIKONAR 2 VENKATESH ... PETITIONERS/ACCUSED Vs STATE REP.BY THE INSPECTOR OF POLICE THERUVALI POLICE STATION, RAMANATHAPURAM DISTRICT, (CR.NO.19 OF 2015).

... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.VENKATESWARAN Advocate For Respondent : MR.K.V.RAJARAJAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 I.P.C. and 21(1) of the Mines and Minerals Act in Crime No.19 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the accused have transported 9 units of sand in three lorries violating the licence conditions.

3. The learned Counsel for the petitioners submitted that the first petitioner is a licensee and he is a senior citizen, aged about 74 years and the second petitioner is the driver, who was working in the JCB for loading sand in the lorries. He further submitted that the accused 1 to 4 were arrested and remanded to judicial custody and the petitioners are falsely implicated in this case.

4. The learned Government Advocate (Crl.Side) submitted that the petitioners have no bad antecedents and first petitioner is the license holder and the second petitioner is the driver of the JCB. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, this Court is 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, Mudhukulathur and on each of them 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 petitioners shall appear before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter 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 stands dismissed.

sd/- 09/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MUDHUKULATHUR.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE THERUVALI POLICE STATION, RAMANATHAPURAM DISTRICT. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.VENKARSWARAN Advocate SR.No.28974

ORDER

IN CRL OP(MD) No.10193 of 2015 Date :09/06/2015 PA/PPS/11.06.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/