Madras High CourtCRL OP(MD)/11070/2015ordered

M. Mallappan, v. The Sub Inspector Of Police

2015-06-18Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Eighteenth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11070 of 2015 M. MALLAPPAN ... PETITIONER/ACCUSED NO.2 Vs STATE REP.BY THE SUB INSPECTOR OF POLICE KANDAMANOOR POLICE STATION, THENI DISTRICT, CRIME NO.174 OF 2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.H.VELAVADHAS 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 petitioner, who is arrayed as accused No.2 apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of I.P.C. and Section 21 (4) of Mines and Minerals Act in Crime No.174 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner's driver transported 1⁄2 unit of sand from the Government quarry to Kandamanur.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

4. The learned Government Advocate (Crl.side) submitted that the petitioner is not having any previous case and the tractor was seized.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of his arrest or on his appearance before the learned Judicial Magistrate, Andipatti, Theni District and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties https://hcservices.ecourts.gov.in/hcservices/ each for a like sum to the satisfaction of the learned Magistrate

concerned and on further condition that the petitioner shall appear before the respondent police daily at 6.00 p.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6. 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.

sd/- 18/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ANDIPATTI,THENI DISTRICT.

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

3 THE SUB INSPECTOR OF POLICE KANDAMANOOR POLICE STATION, THENI DISTRICT.

THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.H.VELAVADHAS Advocate SR.No.31826

ORDER

IN CRL OP(MD) No.11070 of 2015 Date :18/06/2015 PA/KBM/23.06.2015/P2/6C https://hcservices.ecourts.gov.in/hcservices/