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Madras High CourtCRL OP(MD)/4526/2018granted

Rajendar, v. The Inspector Of Police,

2018-04-03Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Third day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.4526 of 2018 RAJENDAR, ... PETITIONER/SOLE ACCUSED Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR.

(IN CRIME NO.74 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.JEGAN Advocate For Respondent : MR.A.P.G.OHM CHAIRMA PRABHU, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as sole accused, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 379 of I.P.C. and Section 21(i) of Mines and Minerals (Development & Regulation) Act in Crime No.74 of 2018, on the file of the respondent police, seeks anticipatory bail. 2.When the respondent Police was in patrol duty, the petitioner/sole accused alleged to have transported three units of sand, by using the Ashok Leyland Lorry bearing Registration No.TN 69 E 6489. Therefore the respondent police registered a case in Crime No.74 of 2018, on the file of the Inspector of Police, Thiruvaiyaru Police Station, Thanjavur.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any of the offences as alleged by the prosecution. 4.The learned Government Advocate(Crl side) appearing for the respondent submitted that there is no previous case pending against the petitioner.

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5.Taking note of these circumstances, this Court is 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,Thiruvaiyaru and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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.

6.The petitioner 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 petition for anticipatory bail shall stand dismissed.

sd/- 03/04/2018 / 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 DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR.

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

+1. CC to M/S.K.JEGAN Advocate SR.No.5381 TSG GJM/PN/SAR-4-9.4.18-2P-6C

ORDER

IN CRL OP(MD) No.4526 of 2018 Date :03/04/2018 https://hcservices.ecourts.gov.in/hcservices/