Madras High CourtCRL OP(MD)/12834/2015allowed

Andisamy v. The Inspector Of Police

2015-07-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Ninth day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.12834 of 2015 ANDISAMY ... PETITIONER / ACCUSED 2 Vs STATE REP BY:: THE INSPECTOR OF POLICE THEVATHANAPATTI POLICE STATION, THENI DIST.

(CRIME NO. 353/2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SUBASH BABU Advocate For Respondent : Mr.K.V.RAJARAJAN, Government 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 offence punishable under Section 379 of I.P.C., r/w. Section 21 of Mines and Minerals Act @ Section 379 of I.P.C., r/w. Section 109 of I.P.C., in Crime No.353 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

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

3. The learned Government Advocate (Crl.side) submitted that the accused found in possession of one unit river sand without any valid permission and the first accused was arrested and released on bail and there is no previous case against the petitioner.

4. 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, Periyakulam 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 on further condition that the petitioner shall appear before the respondent police daily at 10.00 a.m. for a period of two weeks and thereafter as and when required. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. https://hcservices.ecourts.gov.in/hcservices/

5. 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/- 09/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE PERIYAKULAM 2 THE CHIEF JUDICIAL MAGISTRATE, THENI 3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4 THE INSPECTOR OF POLICE THEVATHANAPATTI POLICE STATION, THENI DIST.

1. CC to M/S.M.SUBASH BABU Advocate SR.No.37828 DM 14 7 15 - 2P 6C ORDER IN CRL OP(MD) No.12834 of 2015 Date :09/07/2015 https://hcservices.ecourts.gov.in/hcservices/