M.Santhanavel v. The Sub Inspector Of Police

CRL OP(MD). No.1810 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1810 of 2020 Santhanavel ... Petitioner/Accused No.2 Vs State Rep.by The Sub Inspector of Police, Kariyapatti Police Station, Virudhunagar District.

Crime No.419/2019.

... Respondent/Complainant For Petitioner : M/s.A.Balaji, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.419 of 2019 on the file of the respondent police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner apprehending arrest at the hands of the respondent police for the offences under sections 307, 109 and 379 of I.P.C. r/w. Section 21(5) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.419 of 2019 on the file of the respondent police, seeks anticipatory bail.

3. The contraband involved in this case is two and half of units of river sand.

4. The petitioner's counsel states that the petitioner will not later apply for modification by pointing out that he had to deposit certain amount for getting release of the lorry. This undertaking https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1810 of 2020 given by the petitioner's counsel is taken on record. The petitioner must remember that the condition to make payment is imposed in view of his arrest. Therefore I am inclined to grant anticipatory bail to the petitioner with certain conditions. The petitioner undertakes to deposit a sum of Rs.37,500/- (Rupees Thirty Seven Thousand and Five Hundred only) as non refundable deposit to the credit of the bank account of the Superintendent, Government Observation Home, Kamarajar Salai, Madurai bearing Account No.161401000024282, MICR Code : 625020012, IFSC Code : IOBA0001614, Indian Overseas Bank, Teppakulam Branch, Madurai and on such deposit, he is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.

II, Virudhunagar, 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.

5. 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 stand dismissed.

sd/- 04/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.

3. THE SUB INSPECTOR OF POLICE, KARIYAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

THE SUPERINTENDENT, GOVERNMENT OBSERVATION HOME, KAMARAJAR SALAI, MADURAI.

+1 CC to M/s.A.BALAJI, Advocate ( SR-2393[I] dated 05/02/2020 ) ORDER IN CRL OP(MD) No.1810 of 2020 Date :04/02/2020 MS/PN/SAR-2/12.02.2020/2P.7C https://hcservices.ecourts.gov.in/hcservices/ 2/2