Sivam v. The Sub - Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Fourth day of August Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.15009 of 2015 1 SIVAM 2 MURUGESAN ... PETITIONERS/ACCUSED 1 & 2 Vs THE SUB - INSPECTOR OF POLICE KANDAMANUR POLICE STATION, THENI DISTRICT ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.APPADURAI Advocate For Respondent : S.PRABHA Govt. 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 A1 and A2 apprehend arrest at the hands of the respondent police for the alleged offence punishable under section 379 of IPC r/w section 21(4) of Mines and Minerals Act, in Crime No.226 of 2015 on the file of the respondent police and hence, seek anticipatory bail.

2.The case of the prosecution is that the accused illegally transported sand from the Vaigai river worth about Rs.1,000/- in a tractor and trailer.

3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) appearing for the respondent submitted that no previous case is pending against the petitioners.

5.Considering the above facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Aundipatti and on each of them 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 petitioners shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

https://hcservices.ecourts.gov.in/hcservices/ 7.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/- 04/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, AUNDIPATTI 2 THE CHIEF JUDICIAL MAGISTRATE THENI DISTRICT 3 THE SUB - INSPECTOR OF POLICE KANDAMANUR POLICE STATION, THENI DISTRICT.

4 THE ADDL PUBLIC PROSECUTOR MADURAI +1. CC to M/S.K.APPADURAI Advocate SR.No.44115 ORDER IN CRL OP(MD) No.15009 of 2015 Date :04/08/2015 JAM/IV/SARI/6.8.15/2P-6C https://hcservices.ecourts.gov.in/hcservices/