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Madras High CourtCRL OP(MD)/4881/2018granted

S. Stanley Savier, v. The Inspector Of Police,

2018-04-02Honourable Mr Justice G.R.Swaminathan2 pages

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.4881 of 2018 S. STANLEY SAVIER, ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE OF TAMILNADU, THE INSPECTOR OF POLICE, KULATHUR POLICE STATION, TUTICORIN DISTRICT CR.NO.8 OF 2018 ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.G.RADHAKRISHNAN 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 accused, apprehending arrest at the hands of the respondent police for the offences punishable under Section 379 IPC and Section 21(i) Mines and Minerals (Development and Regulation Act), 1957 in Crime No.8 of 2018 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the Kulathur Village Administrative Officer gave a complaint alleging that the petitioner and other accused have taken sand from Vaipar river bed on 11.02.2018. Based on the said complaint, the present case has been registered against the petitioner.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence 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.

https://hcservices.ecourts.gov.in/hcservices/ 5.Taking note of the said submission made by the learned Government Advocate (Crl.side), 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 Court, Vilathikulam and on his 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 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 made ready, failing which, the petition for anticipatory bail shall stands 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, TUTICORIN DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT 3 THE INSPECTOR OF POLICE, KULATHUR POLICE STATION, TUTICORIN DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.G.RADHAKRISHNAN Advocate SR.No.5243 SKM GJM/PN/SAR-I-5.4.18-2P-6C

ORDER

IN CRL OP(MD) No.4881 of 2018 Date :02/04/2018 https://hcservices.ecourts.gov.in/hcservices/