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Madras High CourtCRL OP(MD)/497/2020granted

R.Darwin Anthony v. The Inspector Of Police

2020-01-10Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.497 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.497 of 2020 1.R.Darwin Anthony 2.S.Manoharan 3.P.Rajan ... Petitioners/Accused Nos.1 to 3 Vs The State rep.by The Inspector of Police, Muthiahpuram Police Station, Thoothukudi District.

Crime No.5/2020 ... Respondent/Complainant For Petitioner : M/s S.Elumalai, Advocate.

For Respondent : Mr.K.K.Ramakrishnan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.5 of 2020 on the file of the respondent.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Additional Public Prosecutor appearing for the respondent. 2.The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 379 of I.P.C. r/w 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.5 of 2020, on the file of the respondent police, seek anticipatory bail.

3.The quantity involved is six units of river sand. The learned counsel appearing for the petitioners undertakes that the petitioners shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand Only) each as non-refundable deposit to the concerned District Mineral Foundation Trust.

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CRL OP(MD). No.497 of 2020 4.Recording the said undertaking given by the petitioners' counsel, 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, Thoothukudi, Thoothukudi District, 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.

5.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/- 10/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.II, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3.THE INSPECTOR OF POLICE, MUTHIAHPURAM POLICE STATION, THOOTHUKUDI DISTRICT.

4.THE DISTRICT MINERAL FOUNDATION TRUST, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S S.ELUMALAI Advocate SR.No.778

ORDER

IN CRL OP(MD) No.497 of 2020 SJI Date :10/01/2020 TK/JC/SAR.1/21.01.2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2