Shanmugavel 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.4920 of 2018 SHANMUGAVEL ... PETITIONER / ACCUSED NO.3 Vs THE INSPECTOR OF POLICE KARIVALAMVANTHANALLUR POLICE STATION, SANKARANKOVIL TALUK, TIRUNELVELI DISTRICT.

(CRIME NO. 104 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.MUTHUVELAN 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 (Sand Theft) 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 petitioner has taken one unit of sand without having license. Therefore, the defacto complainant registered a case against the petitioner. 3.The learned counsel appearing for the petitioner submitted that the petitioner is not involved in the alleged occurrence. 4.The learned Government Advocate (Crl.side) appearing for the respondent submitted that no previous case has been registered against the petitioner.

5.Considering the facts and circumstances of the case and also considering the 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, Sankarankovil, Tirunelveli District and on his executing a bond for a sum of https://hcservices.ecourts.gov.in/hcservices/

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.

SKM TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE KARIVALAMVANTHANALLUR POLICE STATION, SANKARANKOVIL TALUK, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.MUTHUVELAN Advocate SR.No.5160 GJM/CM/VR/SAR-I-3.4.18-2P-6C

ORDER

IN CRL OP(MD) No.4920 of 2018 Date :02/04/2018 https://hcservices.ecourts.gov.in/hcservices/