Senthil @ Senthil Raja v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of March Two Thousand Fifteen PRESENT The Hon`ble Mr.Justice P.N.PRAKASH CRL OP(MD) No.5143 of 2015 SENTHIL @ SENTHIL RAJA ... PETITIONER/ACCUSED No.2 Vs STATE REP.BY THE INSPECTOR OF POLICE THATHAIYANKARPATTI POLICE STATION, MUSIRI TALUK, TRICHY DISTRICT.

CR. NO.50/2015. ... RESPONDENT/COMPLAINANT For Petitioner : M/S.B.JAMEEL ARASU Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.50 of 2015 on the file of the respondent police for offences under Sections 379, 420 of I.P.C. r/w. Section 21 of Mines and Mineral Act, the petitioner is now before this Court seeking Anticipatory Bail.

2. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side).

3. The case of the prosecution is that the petitioner along with the other accused has transported 2 unit of sand illegally in lorry.

4. The learned Government Advocate (Crl.side) would submit that the lorry has been seized and except this petitioner, all the accused were arrested and there is no previous case against the petitioner.

5. Under such circumstances, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail, in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif-cum-Judicial https://hcservices.ecourts.gov.in/hcservices/ Magistrate, Thuraiyur 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, (a) the petitioner shall report before the respondent police daily at 5.30 p.m. for a period of four weeks and thereafter, as and when required for interrogation.

[b] the petitioner shall give his thumb impressions, specimen signature and handwriting.

[c] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d] the petitioner shall not abscond either during investigation or trial.

[e] On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. sd/- 19/03/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE DISTRICT MUNSIF-CUM- JUDICIAL MAGISTRATE,THURAIYUR. 2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,TRICHY. 3 THE INSPECTOR OF POLICE THATHAIYANKARPATTI POLICE STATION, MUSIRI TALUK, TRICHY DISTRICT.

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

+1. CC to M/S.B.JAMEEL ARASU Advocate SR.No.13671

ORDER

IN CRL OP(MD) No.5143 of 2015 Date :19/03/2015 PA/23.03.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/