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Madras High CourtCRL OP(MD)/4884/2018granted

K. Ramaraj, S/O.Kalimuthu, 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.4884 of 2018 K. RAMARAJ, ... PETITIONER / ACCUSED NO.1 Vs THE STATE THROUGH THE INSPECTOR OF POLICE, KARIVALMVANDHANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

CR.NO.104 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.T.THIRUMURUGAN 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 Sections 379 of IPC in Crime No.104 of 2018 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the respondent police found that the petitioner and other accused transported one unit of sand without valid license. Hence, they have registered the case against the petitioner and other accused. One unit of river sand was seized from the petitioner and A2 has been arrested and he is in judicial custody. The petitioner states that he is having a valid license to take Vandal sand.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution.

4.The learned Government Advocate (Crl.side) appearing for the respondent submitted that no previous case has been registered against the petitioner.

https://hcservices.ecourts.gov.in/hcservices/ 5.Considering the facts and circumstances of the case, 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, Sankarankovil, Tirunelveli District 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 SANKARANKOVIL, TIRUNELVELI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, KARIVALMVANDHANALLUR POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.T.THIRUMURUGAN Advocate SR.No.5148 GJM/RR/SAR-I-4.4.18-2P-6C

ORDER

IN CRL OP(MD) No.4884 of 2018 Date :02/04/2018 https://hcservices.ecourts.gov.in/hcservices/