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Madras High CourtCRL OP(MD)/1948/2020granted

Ayyappan v. The Inspector Of Police

2020-02-05Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.1948 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 05/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.1948 of 2020

1. AYYAPPAN

2. PRAVEEN & BARVEEN KUMAR ... PETITIONER/ACCUSED NO.1 & 2 VS STATE REP. BY THE INSPECTOR OF POLICE, AMMAPETTAI POLICE STATION, THANJAVUR DISTRICT CRIME NO.39/2020.

... RESPONDENT/COMPLAINANT For Petitioners : M/s.R.Maheswaran, 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.39 of 2020 on the file of the respondent police.

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

2. The petitioners apprehending arrest at the hands of the respondent police for the offences under section 379 of I.P.C. and Section 21(4) of Mines and Minerals (Development and Regulation) Act, in Crime No.39 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The contraband involved in this case is one unit of river sand.

4. The learned counsel appearing for the petitioners on instructions states that the petitioners shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) to the bank account of the Superintendent, Government Observation Home, Kamarajar Salai, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.1948 of 2020 Madurai bearing Ac. No.161401000024282, MICR Code : 625020012, IFSC Code : IOBA0001614, Indian Overseas Bank, Teppakulam Branch, Madurai. This will be non-refundable payment.

5. Recording the said undertaking, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Papanasam, Thanjavur District, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioners 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/- 05/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, PAPANASAM, THANJAVUR DISTRICT.

2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT.

3 THE INSPECTOR OF POLICE AMMAPETTAI POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.R.MAHESWARAN, Advocate ( SR-2375[I] dated 05/02/2020 ) COPY TO:

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

ORDER

IN CRL OP(MD) No.1948 of 2020 Date :05/02/2020 IAS JM/VR/SAR 4/11.02.2020/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2