Madras High CourtCRL OP(MD)/3884/2020partly allowed

Muthusamy v. The Inspector Of Police

2020-02-28Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Eighth day of February Two Thousand Twenty PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.3884 of 2020 1 MUTHUSAMY 2 SENTHILKUMAR 3 MAYILSAMY ... PETITIONERS / ACCUSED (RANK NOT KNOWN) Vs STATE REP.BY THE INSPECTOR OF POLICE VADAMADURAI POLICE STATION, DINDIGUL DISTRICT.

(IN CRIME NO.573 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioners : M/s.G.Sivaraja,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.573 of 2019 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 under section 379 of I.P.C. r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act, in Crime No.573 of 2019 on the file of the respondent police, seek anticipatory bail.

3. The learned counsel appearing for the petitioners seeks permission of this Court to withdraw this criminal original petition as regards the petitioners 1 and 3.

4. Permission is granted. This Criminal Original Petition is dismissed as withdrawn as regards the petitioners 1 and 3.

5. The second petitioner is not having any previous case and he is the driver of the lorry. Hence, I am inclined to grant anticipatory bail to the third petitioner with certain conditions. Accordingly, the third petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned https://hcservices.ecourts.gov.in/hcservices/

Judicial Magistrate No.II, Vedasandur, 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.

6. 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/- 28/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II,VEDASANDUR 2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT.

3 THE INSPECTOR OF POLICE VADAMADURAI POLICE STATION,DINDIGUL DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI

ORDER

IN CRL OP(MD) No.3884 of 2020 Date :28/02/2020 SMA/SKN/SAR-III/05/03/2020/2P/5C https://hcservices.ecourts.gov.in/hcservices/