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Madras High CourtCRL OP(MD)/11559/2015allowed

Perumal v. The Inspector Of Police

2015-06-25Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Fifth day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.11559 of 2015 PERUMAL ... PETITIONER/ ACCUSED No.5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE B1 POLICE STATION, MELUR, MADURAI DISTRICT.

CR. NO. 458 OF 2015. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.BHARATHI Advocate For Respondent : M/S.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 apprehends arrest at the hands of the respondent police for an alleged offences punishable under Sections 379 of IPC r/w. 4 (1-A) Tamil Nadu Mines and Minerals Act Development and Regulation Act, 1957 in Crime No.458 of 2015, seeks anticipatory bail.

2. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl. side) appearing for the respondent.

3. The case of the prosecution is that the petitioner is alleged to have transported the wastage stones worth about Rs.5,000/-, by using vehicle, illegally.

4. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case. He further submitted that the co-accused were already arrested and released on bail.

5. The learned Government Advocate (Crl.Side) submitted that the petitioner has no previous case.

6. Considering the facts and circumstances of the case and also considering the fact that the co-accused have already released on bail, 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 before the learned Judicial Magistrate, Melur, Madurai District and on 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 https://hcservices.ecourts.gov.in/hcservices/

petitioner shall appear before the respondent police daily at 10.00 am for a period of two weeks and thereafter, as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 25/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, MELUR.

2 DO THRO THE CHIEF JUDICIAL MAGISTRATE, MADURAI. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE B1 POLICE STATION, MELUR, MADURAI DISTRICT.

+1. CC to M/S.C.BHARATHI Advocate SR.No.33727. TS/26.06.2015/2P -6C

ORDER

IN CRL OP(MD) No.11559 of 2015 Date :25/06/2015 https://hcservices.ecourts.gov.in/hcservices/