Madras High CourtCRL OP(MD)/11609/2017ordered

Muniyasamy, v. The Inspector Of Police,

2017-09-04Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fourth day of September Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.11609 of 2017 MUNIYASAMY ... PETITIONER/ACCUSED NO.1 Vs STATE REP.BY, THE INSPECTOR OF POLICE, KARIVALAMVANTHANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

IN CR.NO.252/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.INDRACHITHU Advocate For Respondent : MR.K.S.DURAIPANDIAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as Accused No.1, in Crime No.252 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 353, 307, 379 and 506(ii) IPC r/w 21(1), 21(4) of Mines and Minerals (Development and Regulation) Act 1957 and hence, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent/State.

3. The learned Additional Public Prosecutor appearing for the respondent on instructions submitted that the petitioner along with other accused, committed theft of 1⁄2 unit of sand. He further submitted that the petitioner is not having any previous case.

4. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is the owner of the vehicle and he has got nothing to do with the alleged offence.

5. Considering the facts and circumstances of the case, 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, Sankarankovil, Tirunelveli District and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten https://hcservices.ecourts.gov.in/hcservices/

Thousand only) 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 daily at 10.30 a.m., until further orders. The petitioner shall comply with the condition 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 made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 04/09/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL, TIRUNELVELI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT. 3 THE INSPECTOR OF POLICE, KARIVALAMVANTHANALLUR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.T.INDRACHITHU Advocate SR.No.30018

ORDER

IN CRL OP(MD) No.11609 of 2017 Date :04/09/2017 PM PK/PN/SAR-1/07.09.2017 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/