T.Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Second day of July Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.13791 of 2015 1 T.KUMAR 2 ADHIRAJAN ... PETITIONERS / ACCUSED NOS.1 & 2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE NADU CAUVERI POLICE STATION, THANJAVUR DIST.

CRIME NO. 246 OF 2015. ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.JOHN SATHYAN 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 petitioners, who are arrayed as accused Nos.1 and 2, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 and 2 Clause of 1 (ii) Minerals Act in Crime No.246 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2. The case of the prosecution is that the petitioners have committed theft of three unit river sand.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl.side) submitted that the first petitioner is the owner of the tractor and the second petitioner is the driver of the vehicle and there is no previous case against the petitioners.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Thiruvaiyaru 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 https://hcservices.ecourts.gov.in/hcservices/

petitioners shall appear before the respondent daily at 10.00 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

6. 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 stands dismissed.

sd/- 22/07/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE,THIRUVAIYARU.

2.THE CHIEF JUDICIAL MAGISTRATE,THANJAVUR.

3.THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4.THE INSPECTOR OF POLICE NADU CAUVERI POLICE STATION, THANJAVUR DIST.

+1. CC to M/S.R.JOHN SATHYAN Advocate SR.No.40136

ORDER

IN CRL OP(MD) No.13791 of 2015 Date :22/07/2015 rg.27.07.2015 2p.6c.

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