Mohan, S/O.Mookkiah, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Second day of April Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.4885 of 2018 MOHAN ... PETITIONER / ACCUSED rank not known Vs THE STATE REP. BY THE INSPECTOR OF POLICE, SALIGRAMAM POLICE STATION, SIVAGANGAI DISTRICT.

CR.NO.22 OF 2018.

RESPONDENT / COMPLAINANT For Petitioner : M/S.D.RAMESHKUMAR Advocate For Respondent : M/S. A.P.G.OHM CHAIRMA PRABHU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 3 of TNPPDL Act and Sections 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 and Section 379 and 353 IPC in Crime No.22 of 2018 on the file of the respondent police, seeks anticipatory bail. 2.On the basis of the information given by the local villagers, the defacto complainant went to the spot in order to prevent the illegal mining and transporting the sand.

When the defacto complainant questioned the acts of the petitioner, he threatened him with dire consequences and damaged the Kanmai bed. Therefore, the present case has been registered against the petitioner. 3.The learned counsel appearing for the petitioner submitted that the petitioner was falsely implicated in this case. He has nothing to do with the alleged offence.

4.The learned Government Advocate (Crl.side) appearing for the State submitted that there was no previous case pending against the petitioner.

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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, Ilayankudi 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 is 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, ILAYANKUDI, SIVAGANGAI DISTRICT.

2 DO THOUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE, SALIGRAMAM POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.D.RAMESHKUMAR Advocate SR.No.5191.

ORDER

IN CRL OP(MD) No.4885 of 2018 Date :02/04/2018 https://hcservices.ecourts.gov.in/hcservices/ SDS/CM:VR/SAR.1/05.04.2018/2P/6C