Madras High CourtCRL OP(MD)/19584/2015allowed

A. Sababathy v. The Insepector Of Police

2015-10-09Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Ninth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19584 of 2015 1 A. SABABATHY 2 MARIMUTHU 3 VELPANDIAN ... PETITIONERS / ACCUSED 1 TO 3 Vs THE STATE REP.BY THE INSEPECTOR OF POLICE IRUKKANKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT, CRILLME NO.374 /2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S P.KALAIYARASI BHARATHI 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 petitioners who are arrayed as accused 1 to 3, apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 379 IPC r/w. Section 21(1) (a) of Mines and Mineral Act and Section 4 of TNPPDL Act in Crime No.374 of 2015, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners have transported two Units of Sand by using Tibber Lorry.

3. The learned counsel for the petitioners submitted that the petitioners are an innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) would submit that there are no previous cases against the petitioners.

5. Considering the facts and circumstances of the case and also considering the fact that there are no previous cases against the petitioners , I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate-II, Sattur, and on each of them 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 https://hcservices.ecourts.gov.in/hcservices/

the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police daily at 10.00 am until further orders. The petitioners shall comply with the condition 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 stands dismissed.

sd/- 09/10/2015 / 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 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR.

3 THE ADDL. PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSEPECTOR OF POLICE IRUKKANKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

+1. CC to M/S P.KALAIYARASI BHARATHI Advocate SR.No.59990

ORDER

IN CRL OP(MD) No.19584 of 2015 Date :09/10/2015 rg.12.10.2015/AMF/SAR-II 2P/6C.

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