Madras High CourtCRL OP(MD)/7123/2015ordered

Subburaj v. The Sub Inspector Of Police

2015-04-17Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Seventeenth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.7123 of 2015 SUBBURAJ ..PETITIONER/ACCUSED No.1 Vs.

STATE REP.BY THE SUB INSPECTOR OF POLICE AMMAPATTI POLICE STATION, VIRUDHUNAGAR DIST.

(CRIME NO. 56 OF 2015) ..RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SOLAISAMY Advocate For Respondent : Mr.K.V.RAJARAJAN, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner who arrayed as A1, apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 379 of IPC r/w. Section 21(1) of Mines and Minerals (R & D) Act, in Crime No.56 of 2015, seeks anticipatory bail.

2. The case of the prosecution is that on 11.04.2015, the petitioner had involved the theft of river sand.

3. Heard the learned counsel for the petitioner as well as the learned Government Advocate (Crl. side) appearing for the respondent.

4. The learned counsel for the petitioner submitted that the petitioner was implicated falsely in the earlier case and therefore, he was regularly complying the condition by appearing before the learned Judicial Magistrate, Virudhunagar, while so he is implicated now on the basis of the confession of the co-accused. The learned counsel further submitted that the petitioner is an innocent.

5. The learned Government Advocate (Crl. Side) submitted that the petitioner is having two previous cases.

6. Considering the facts and circumstances of the case, I am inclined to grant 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 before the learned Judicial Magistrate-II, Sattur and on 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 stay at Trichy and report before the Cantonment Police Station, Trichy daily at 10.00 am until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. 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/- 17/04/2015 / TRUE COPY / https://hcservices.ecourts.gov.in/hcservices/ Sub-Assistant Registrar (C.S.)

TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR, VIRUDHUNAGAR DISTRICT. 2 -do-thro'THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUANAGAR AT SRIVILLIPUTHUR.

3 THE ADDL.PUBLIC PROSECUTOR,MADURAI BENCH OF MADRAS HIGH COURT,MADURAI. 4 THE SUB INSPECTOR OF POLICE, AMMAPATTI POLICE STATION, VIRUDHUNAGAR DIST.

5 THE INSEPCTOR OF POLICE, CONTONMENT POLICE STATION, TRICHY. +1CC to M/s.M.SOLAISAMY, Advocate in SR.20179 ORDER IN CRL OP(MD) No.7123 of 2015 Date :17/04/2015 PBK/SAR-I 22/04/2015 ::2P-7C:

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