Suruli Malai v. The Sub Inspector Of Police

CRL OP(MD). No.3848 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.3848 of 2020

1. Suruli Malai,

2. Pandi Maharajan,

3. Ayyappan,

4. Annamalai, ... Petitioners/Accused Rank not Known Vs The State rep by its The Sub -Inspector of Police, Kadamalai Kundu Police Station Theni District (Crime No.33 of 2020) ... Respondent/Complainant For Petitioners : M/s.M.S.Jeya Karthik, 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.33/2020 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 under section 21(4) of Mines and Minerals (Development and Regulation) Act and Sections 379, 341, 294 (b), 353 and 506(i) of I.P.C., in Crime No.33 of 2020 on the file of the respondent police, seek anticipatory bail.

3. In this case the respondent had detained two persons. The petitioners are said to have rescued those two persons from the station. The conduct of the petitioners is beyond condonation. But then, the petitioners are not having any previous case and sending them to prison may cause serious disruption in their lives. The petitioners appear to have realized their mistake. The petitioners will go to respondent police station and submit their hand written of apology. The petitioners give an undertaking to the respondent that they will henceforth respect the authority and majesty of the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.3848 of 2020 police and will not do anything that may remotely challenge them. If this undertaking is breached, this Court will not cancel this anticipatory bail and commit them to custody.

4. Subject to these conditions, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Andipatti, and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each 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 as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. 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 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, ANDIPATTI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3 THE SUB INSPECTOR OF POLICE, KADAMALAI KUNDU POLICE STATION, THENI DISTRICT.

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

+1. CC to MR.M.S.JEYA KARTHIK Advocate SR.No.4549

ORDER

IN CRL OP(MD) No.3848 of 2020 Date :28/02/2020 KM/(06.03.2020) SKN/SAR2/ 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2