Mahamuni v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Sixteenth day of November Two Thousand Fifteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.21074 of 2015 MAHAMUNI ... PETITIONER / ACCUSED NO.2 Vs STATE REP. BY THE INSPECTOR OF POLICE, VADAMADURAI POLICE STATION, VADAMADURAI TALUK, DINDIGUL DISTRICT.

(CRIME NO. 467 OF 2015) ... RESPONDENT/COMPLAINANT FOR PETITIONER : M/S D.BALAMURUGAPANDI ADVOCATE FOR RESPONDENT : MR.K.ANBARASAN, GOVERNMENT 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, in Crime No.467 of 2015 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 and 353 of the Indian Penal Code read with Section 21(1) of the Mines and Minerals Act and hence, seeks anticipatory bail.

2. The case of the prosecution is that on 11.10.2015, at the time of vehicle checkup, the lorry bearing Registration No.TN 57 AT 0771 was found carrying sand and a case has been registered against the petitioner.

3. The case of the petitioner is that the petitioner is an innocent person and he has nothing to do with the alleged offence. He would further submit that the petitioner would not abscond and he would co-operate with the trial.

4. The learned Government Advocate (Criminal Side) on instructions submitted that already Accused No.1 was arrested and subsequently released on bail.

5. Considering the facts and circumstances of the case and also considering the fact that Accused No.1 was arrested and subsequently released on bail, this Court is inclined to grant anticipatory bail https://hcservices.ecourts.gov.in/hcservices/

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, Vedasanthur, Dindigul District 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 daily at 10.00 a.m., until further orders. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6. 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/- 16/11/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, VEDASANTHUR, DINDIGUL DISTRICT.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3. THE INSPECTOR OF POLICE, VADAMADURAI POLICE STATION, VADAMADURAI TALUK, DINDIGUL DISTRICT.

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

+1. CC to M/S D.BALAMURUGAPANDI Advocate SR.No. 65504

ORDER

IN CRL OP(MD) No.21074 of 2015 Date :16/11/2015 2P/6C TE/SK-SKN/SAR-I : 17/11/2015 https://hcservices.ecourts.gov.in/hcservices/