Karthikeyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.1618 of 2022

1. Karthikeyan

2. Srinivasan

3. Chitravel ... Petitioners/Accused (Rank Not Known) Vs State rep.by The Inspector of Police, Peravurani Police Station, Thanjavur District (Crime No.821 of 2021).

... Respondent/Complainant For Petitioners : M/s.Vadivel.A., Advocate.

For Respondent : M/s.R.M.Anbunithi Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.821 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under section 379, 430 I.P.C. r/w. Section 21(1) of Mines and Minerals (Regulation and Development) Act, 1957, in Crime NO.821 of 2021, on the file of the respondent police, seek anticipatory bail.

2.The case against the petitioners is sand theft. A case in Crime No.821 of 2021 has been registered against them. 3.On the side of the petitioners, it is stated that the allegation against the petitioners is that they are transporting 1⁄4 unit of river sand each using bullock carts. The petitioners are innocents and they have been falsely implicated in this case and the

name of the petitioners was not found in the F.I.R and that the coaccused/A1 was already released on bail and the petitioners have no bad antecedents and prayed the petition to be allowed. 4.On the side of the respondent, it is stated that totally 4 accused were involved in this case. The petitioners are arrayed as A2 to A4. A1 was arrested and released on bail and prayed the petition to be dismissed.

5.It is seen that the co-accused/ A1 was already released on bail. In view of the above circumstances, 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 their appearance, before the learned Judicial Magistrate, Pattukkottai, 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 the petitioners shall appear before the respondent police daily at 10.30 am until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

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/- 31/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.

LS 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 JUDICIAL MAGISTRATE, PATTUKKOTTAI.

2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE INSPECTOR OF POLICE, PERAVURANI POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.VADIVEL A Advocate SR.No.548

ORDER

IN CRL OP(MD) No.1618 of 2022 Date :31/01/2022 SP/PA/SAR III/04/02/2022/3P/6C