Chelladurai v. The Sub Inspector Of Police
CRL OP(MD). No.835 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.835 of 2022 Chelladurai ... Petitioner/Sole Accused Vs The state represented by The Sub Inspector of Police, Malaiyur Police Station, Pudukkottai District.
Cr.No.4 of 2022.. ... Respondent/Complainant For Petitioner : M/s.Jameel Arasu.B, Advocate.
For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.4 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Sole Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 IPC r/w 21(1) of Mines and Minerals (Development and Regulation) Act, in Crime No.4 of 2021 on the file of the respondent police, seeks anticipatory bail.
2. On the side of the petitioner, it is stated that the case of the prosecution is that the petitioner transported 1⁄4 unit of river sand in a bullock cart and prayed the petitioner to be released on anticipatory bail.
3.On the side of the prosecution, it is stated that the petitioner transported the river sand in a bullock cart. The offence is serious in nature and prayed the petition to be dismissed. It is fairly admitted that the petitioner is not having any previous cases.
4.The sand involved is only 1⁄4 unit. Considering the nature of offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
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CRL OP(MD). No.835 of 2022 5.Accordingly, this Criminal Original Petition is allowed on condition that the second petitioner shall deposit a sum of Rs.3,000/- (Rupees Three Thousand only) to the credit of Cr.No.4 of 2021 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.
6. On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned District Munsif cum Judicial Magistrate, Alangudi, Pudukkottai District, on condition that the petitioner shall execute 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 a.m. until further orders. 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/- 19/01/2022 / 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ALANGUDI, PUDUKKOTTAI.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.
3 THE SUB INSPECTOR OF POLICE MALAIYUR POLICE STATION, PUDUKKOTTAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.835 of 2022 Date :19/01/2022 SS/JM/SAR-I/25.01.2022 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2