Madras High CourtCRL OP(MD)/3229/2020partly allowed

Muniyasamy v. The Inspector Of Police

2020-02-24Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.3229 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/02/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.3229 of 2020

1. Muniyasamy

2. Krishnamoorthy ... Petitioners/Accused No.1&4 Vs The state, rep. by Inspector of Police, M.Reddiapatti Police Station, Virudhunagar District.

(Crime No.21 of 2020).

... Respondent/Complainant For Petitioners : M/s.G.Thalaimutharasu, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.21 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of I.P.C., r/w Section 21(1) of Mines and Minerals (Development and Regulation)Act, in Crime No.21 of 2020 on the file of the respondent police, seek anticipatory bail.

3. The case involves three units of sand. The first petitioner is having four previous cases of the same nature. The second petitioner is not having any previous case. Hence, anticipatory bail is denied as regards the first petitioner.

4. In view of the above, I am inclined to grant anticipatory bail to the second petitioner with certain conditions. Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.3229 of 2020 Magistrate, Aruppukottai, 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 second petitioner shall appear before the respondent police as and when required for interrogation. The second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The second 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 shall stand dismissed.

sd/- 24/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ARUPPUKKOTTAI, VIRUDHUNAGAR DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE M.REDDIAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.3865

ORDER

IN CRL OP(MD) No.3229 of 2020 Date :24/02/2020 MK/SKN/SAR 4 (27.02.2020) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2