Pettai Eswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Fifteenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.6827 of 2015 PETTAI ESWARAN ... PETITIONER/ ACCUSED No.1 Vs THE STATE REP. BY THE INSPECTOR OF POLICE GUDALUR SOUTH POLICE STATION, THENI DISTRICT (CR.NO.27 OF 2015) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.A.K.MANICKAM Advocate For Respondent : M/S.K.V.Rajarajan Government Advocate (Crl.Side) 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 apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 21(A) of Mines and Minerals Act, 1957, 36(A) of Mines and Minerals Concession Rules, 1957 and Section 379 of I.P.C. in Crime No.27 of 2015 on the file of the respondent police and hence, seeks anticipatory bail.

2. The case of the prosecution is that the accused have committed theft of one unit sand on 20.02.2015.

3. The learned counsel for the petitioner submitted that the petitioner has not committed any offence and he has been falsely implicated in this case. He further submitted that the co-accused viz., A2 and A3 were already granted anticipatory bail by this Court in Crl.O.P. (MD).No.3847 of 2015 dated 04.03.2015.

4. The learned Government Advocate (Crl.side) submitted that the accused have committed theft of one unit sand.

5. Considering the submissions made by the learned Government Advocate (Crl.side), 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, Uthamapalayam 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 https://hcservices.ecourts.gov.in/hcservices/

respondent police daily at 10.00 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/- 15/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2 Do - Through THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT. 3 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE INSPECTOR OF POLICE GUDALUR SOUTH POLICE STATION, THENI DISTRICT. +1. CC to M/S.A.K.MANICKAM Advocate SR.No. 18996. TS/17.04.2015/2P-6C

ORDER

IN CRL OP(MD) No.6827 of 2015 Date :15/04/2015 https://hcservices.ecourts.gov.in/hcservices/