Vinoth Kumar, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.4823 of 2018 1 VINOTH KUMAR 2 GOVINDARAJ 3 GAJENDRAN 4 ADHILINGAM ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE, MASARPATTI POLICE STATION, THOOTHUKUDI DISTRICT.

CR.NO.12 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.S.MUNIYANDI Advocate For Respondent : M/S.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 petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 379 IPC r/w Section 21(i) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.12 of 2018, on the file of the respondent police, seek anticipatory bail.

2.The petitioners allegedly indulged in illegal sand quarry by using a tractor and JCB without getting any prior approval from the authorities concerned. Therefore, the defacto complainant has lodged the present complaint. Based on which, the respondent police registered a case in Crime No.12 of 2018 on the file of the Masarpatti Police Station, Thoothukudi District. 3.The learned counsel appearing for the petitioners submitted that the petitioners have nothing to do with the any of the alleged offences.

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4.The learned Government Advocate (Crl.side) appearing for the State submitted that there is no previous case pending 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 petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Vilathikulam and on their 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 for interrogation. The petitioners shall comply with the conditions 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 02/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VILATHIKULAM, THOOTHUKUDI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE, MASARPATTI POLICE STATION, THOOTHUKUDI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MUNIYANDI Advocate SR.No.5163

ORDER

IN CRL OP(MD) No.4823 of 2018 Date :02/04/2018 PK/RR/SAR-1/06.04.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/