Suresh v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Sixth day of August Two Thousand Fifteen PRESENT The Hon`ble Mrs.Justice S.VIMALA CRL OP(MD) No.16462 of 2015 1 SURESH 2 KUVI@ELANGOVAN ... PETITIONERS / ACCUSED 3 & 4 Vs THE SATE REP.BY THE SUB INSPECTOR OF POLICE UTHAMAPALAYAM, THENI DISTRICT. RESPONDENT / COMPLAINANT For Petitioner : M/S K.PRABHU Advocate For Respondent : MRS.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 accused 3 and 4 in Crime No.257 of 2015, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 of IPC r/w 21(A)(iiA) of Mines and Minerals Act, and hence, seek anticipatory bail. 2.

The occurrence is said to have taken place on 19.06.2015 at about 5.00 p.m., during which, 1 Unit of sand is stated to have been stolen using a JCP Vehicle and Tractor. According to the prosecution, the accused persons are stated to be the owners of the vehicle. But according to the petitioners, they are not the owners and they are not in any way concerned with the occurrence. It is brought to the notice of this Court that the accused 1 and 2 in this case have already been released on bail. 3.Considering the stated circumstances, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Uthamapalayam, Theni District, 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 as and when required. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

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4.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the order stands suspended. sd/- 26/08/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2. THE CHIEF JUDICIAL MAGISTRATE, THENI DISTIRCT.

3. THE SUB INSPECTOR OF POLICE, UTHAMAPALAYAM, THENI DISTRICT.

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

+1. CC to M/S K.PRABHU Advocate SR.No.49403

ORDER

IN CRL OP(MD) No.16462 of 2015 Date :26/08/2015 2P/6C AM/SKS-RR-SAR-I/28.08.2015.

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