Nagaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.5380 of 2018 NAGARAJ ... PETITIONER/ACCUSED No.2 Vs STATE REP BY THE INSPECTOR OF POLICE TOWN POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT IN CRIME NO.213/2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.PR BOOMEE RAJAN Advocate For Respondent : M/S.A.P.G.OHM CHAIRMA PRABHU, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Section 379 IPC r/w. Section 21(1) of the Mines and Minerals Act, in Crime No.213 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that on 03.04.2018, the respondent police has intercepted the petitioner while taking 3/4 unit of sand through the Tractor and Trailer bearing Registration No.TN-69-W-4212. On complaint, a case has been registered for the abovesaid offence.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offences as alleged by the prosecution.

4.The learned Government Advocate (Criminal side) submitted that the stolen property has been recovered and there is no previous case registered against the petitioner.

5.Taking note of the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be https://hcservices.ecourts.gov.in/hcservices/

released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Sattur, Virudhunagar District, 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 petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions 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 shall stand dismissed.

sd/- 06/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR, VIRUDHUNAGAR DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE TOWN POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.PR BOOMEE RAJAN Advocate SR.No.5637

ORDER

IN CRL OP(MD) No.5380 of 2018 Date :06/04/2018 SMA/PN/SAR-3/10.04.2018:2P/6C https://hcservices.ecourts.gov.in/hcservices/