Madras High CourtCRL OP(MD)/5173/2018granted

S.Rajkumar, v. The Inspector Of Police,

2018-04-04Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fourth day of April Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5173 of 2018 S.RAJKUMAR ... PETITIONER / ACCUSED rank not known Vs THE STATE REP. BY THE INSPECTOR OF POLICE, THIRUKKATTUPALLI POLICE STATION, THANJAVUR DISTRICT.

(CRIME NO.66 OF 2018).

... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.KARTHICK SUBRAMANIAN Advocate For Respondent : M/S. A.P.G.OHM CHAIRMA PRABHU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/ accused with rank not known apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC r/w. 21 (1) and 21 (4) of Mines and Minerals (Development Regulation) Act, 1957 in Crime No.66 of 2018, on the file of the respondent police, seeks anticipatory bail. 2.The respondent Police conducted raid on 01.04.2018. The petitioner/accused is alleged to have transported 1⁄2 unit of sand, by using Tipper Lorry bearing Registration No.TN G 7001. Therefore, the respondent police registered a case in Crime No.66 of 2018, on the file of the Inspector of Police, Thirukkattupalli Police Station, Thanjavur District.

3.Heard the learned counsel appearing for the petitioner. 4.The learned Government Advocate(Crl side) appearing for the respondent submitted that there is no previous case registered against the petitioner.

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5.Considering these circumstances, 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, Thiruvaiyaru and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 as and when required for interrogation. 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 04/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU, THANJORE DISTRICT.

2 DO THOUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

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

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

+1. CC to M/S.S.KARTHICK SUBRAMANIAN Advocate SR.No.5375.

ORDER

IN CRL OP(MD) No.5173 of 2018 Date :04/04/2018 https://hcservices.ecourts.gov.in/hcservices/ SDS/CM:VR/SAR.4/06.04.2018/2P/6C