Dineshkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventh day of January Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI DINESHKUMAR ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE RAJATHANI POLICE STATION, THENI DISTRICT (CRIME NO.224 OF 2019) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.SUSI KUMAR.C., Advocate For Respondent : MR.RMS.SETHURAMAN ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO. 224 OF 2019 ON THE FILE OF THE RESPONDENT POLICE.
ORDER : The Court Made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294 (b), 332, 353, 506(i), 379 IPC NP and Section 21(4) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.224 of 2019, seeks anticipatory bail.
2.The case of the prosecution is that the accused persons had illegally transported 3 units of gravel sand in tipper lorry, without any valid license. Hence, the complaint. 3.On the side of the petitioner, it is stated that originally the FIR was registered in the year 2019, against five accused. Now the police are searching this petitioner and hence the petitioner filed this petition for anticipatory bail.
4.On the side of the respondent, it is stated that totally six persons were involved in the occurrence. Accused No.1 to 5 have already obtained bail and the petitioner is A6 in this case. It is 1/3
fairly admitted that the petitioner is having no previous case. 5.In view of the submissions made by both parties, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.Accordingly, the petitioner shall pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of the District Mineral Foundation Trust, Theni District, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate, Andipatti.
7.On production of such receipt/acknowledgment, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate, Andipatti and on his 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 the petitioner shall appear before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.
8.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.
sd/- 07/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTI.
2/3
2 DO THORUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.
3 THE INSPECTOR OF POLICE RAJATHANI POLICE STATION, THENI DISTRICT 4 THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, THENI DISTRICT.
5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN Date :07/01/2022 RS/JC/SAR.2(12.01.2022) 3P-6C 3/3