Muthupandi v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6709 of 2018 MUTHUPANDI ... PETITIONER / ACCUSED Vs THE SUB INSPECTOR OF POLICE DEVATHANAPATTI POLICE STATION, THENI DISTRICT, CR NO. 109/2018. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.K.APPADURAI Advocate For Respondent : MR.A.ROBINSON, Government 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 and Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.109 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that based on the secret information, the respondent police conducted a raid and found that the petitioner was in possession of 1⁄4 units of sand and on seeing the police, he ran away from the scene of occurrence. 3.It is submitted by the learned counsel for the petitioner that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and prays for anticipatory bail in favour of the petitioner.

4.It is submitted by the learned Government Advocate (Criminal side) that there is no previous case registered against the petitioner.

5.Considering the nature of allegations made against the petitioner, 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, Periyakulam, and https://hcservices.ecourts.gov.in/hcservices/

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 is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 24/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,PERIYAKULAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRTE THENI DISTRICT 3 THE SUB INSPECTOR OF POLICE DEVATHANAPATTI POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S.K.APPADURAI Advocate SR.No.6980 GJM/PN/RNB/27.4.18-2P-6C

ORDER

IN CRL OP(MD) No.6709 of 2018 Date :24/04/2018 https://hcservices.ecourts.gov.in/hcservices/