← Library
Madras High CourtCRL OP(MD)/924/2020granted

Kalimuthu v. The Inspector Of Police

2020-01-23Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.924 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/01/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.924 of 2020 Kalimuthu ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Bazaar Police Station, Ramanathapuram District.

(Crime No.9/2020). ... Respondent/Complainant For Petitioner : M/s.R.Murugan, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 09/2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of I.P.C., and Section 21(1) of Mines and Minerals Act, in Crime No.9 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The learned Government Advocate (Crl.side) states that two units of sand is involved.

4.The petitioner's counsel states that in the FIR, no quantity has been mentioned. But the very specific stand of the prosecution is that the vehicle has been seized along with the contraband and they will be in a position to establish that two units of sand is involved.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.924 of 2020 5.The petitioner undertakes to deposit a sum of Rs.30,000/- as non refundable deposit to the credit of concerned District Minerals Foundation Trust.

6.Recording the petitioner's undertaking, I am 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 arrest or on his appearance before the learned Judicial Magistrate No.I, Ramanthapuram, 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 as and when required for interrogation. The petitioner shall comply with the conditions 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 shall stand dismissed.

sd/- 23/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, RAMANATHAPURAM.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, BAZAAR POLICE STATION, RAMANATHAPURAM DISTRICT.

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

COPY TO:- THE OFFICER IN-CHARGE, DISTRICT MINERALS FOUNDATION TRUST, RAMANATHAPURAM DISTRICT.

+1 CC to M/s.R.MURUGAN, Advocate ( SR-1249[I] dated 23/01/2020 ) ORDER IN CRL OP(MD) No.924 of 2020 Date :23/01/2020 RMI TE/VR/SAR-III : 29/01/2020 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2