Muniyaraj v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Second day of September Two Thousand Fifteen PRESENT THE HON`BLE MR JUSTICE K.KALYANASUNDARAM CRL OP(MD) No.18248 of 2015 MUNIYARAJ ... PETITIONER/ ACCUSED NO.3 Vs THE STATE REP.BY THE SUB INSPECTOR OF POLICE AMMAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT (CRIME NO.73 OF 2014) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.M.SOLAISAMY Advocate For Respondent : M/S.S.PRABHA Govt. 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 No.3, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379, 353, 307, 294(b) & 109 of IPC r/w Section 21(1) of Mines and Minerals (R & D) Act, in Crime No.73 of 2014 on the file of the respondent police and hence, seeks anticipatory bail.

2.The prosecution case is that, the accused have transported the river sand, without any valid permit.

3.It is submitted by the learned counsel for the petitioner that the petitioner is the owner of the vehicle and he has been falsely implicated in this case. It is further submitted that the accused Nos.1 and 2 were already granted bail by this Court, in Crl.O.P(MD)No.22133 of 2014.

3.The learned Government Advocate (Crl.Side) submitted that there is no previous case against the petitioner. 4.Considering the nature of offences, 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 No.II, Sattur and on 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 daily at 10.00 a.m., for a period of two weeks and https://hcservices.ecourts.gov.in/hcservices/

thereafter, as and when required. The petitioner shall comply with the condition 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 stands dismissed.

sd/- 22/09/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, SATTUR

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE , VIRUDHUNAGAR DISTRICT

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

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

+1. CC to M/S.M.SOLAISAMY Advocate SR.No.56287

ORDER

IN CRL OP(MD) No.18248 of 2015 Date :22/09/2015 GJM/AN/MP/SARI-25.9.15-2P-6C https://hcservices.ecourts.gov.in/hcservices/