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Madras High CourtCRL OP(MD)/19260/2015allowed

Ramar v. The Insepector Of Police

2015-10-07Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventh day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19260 of 2015 RAMAR ... PETITIONER/ACCUSED - 2 Vs.

STATE REP.BY THE INSPECTOR OF POLICE KOODALOOR SOUTH POLICE STATION, THENI DISTRICT.

CRIME NO.168/2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.P.MAHENDRAN Advocate For Respondent : MRS.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.2, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 21(4) of Mines and Minerals (Development & Regulation) Act 1957 r/w 36 (4) of Minor Mineral Concession Rules 1957 and Section 379 of IPC, in Crime No.168 of 2015 on the file of the respondent police and hence, seeks anticipatory bail. 2.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence and prays for anticipatory bail in favour of the petitioner. It is further submitted that the A1 was already arrested and released on bail.

3. The learned Government Advocate (Crl.Side) submitted that the petitioner committed theft of 3/4 unit of river sand without having any permit and there is no previous case against the petitioner.

4.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, Uthamapalayam 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 thereafter, as and when required. The https://hcservices.ecourts.gov.in/hcservices/

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/- 07/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2 -DO- THRO' THE CHIEF JUDICIAL MAGISTRATE THENI 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE KOODALOOR SOUTH POLICE STATION, THENI DISTRICT.

+1. CC to M/S.P.MAHENDRAN Advocate SR.No.59122 Akm/09.10.2015 /2p-6c/

ORDER

IN CRL OP(MD) No.19260 of 2015 Date :07/10/2015 https://hcservices.ecourts.gov.in/hcservices/