Gopal@Rajagopal v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Ninth day of April Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.8212 of 2015 GOPAL@RAJAGOPAL ... PETITIONER/ACCUSED NO.3 Vs THE INSPECTOR OF POLICE PAPPAKUDI POLICE STATION, TIRUNELVELI DISTRICT IN CRIME NO. 53 OF 2015. ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.V.ANGUSAMY Advocate For Respondent : M/S.K.V.RAJARAJAN,Govt. 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 A3, apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 379 of IPC and Section 21(IV) of the Mines and Minerals (Regulation and Development) Act, in Crime No.53 of 2015, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is alleged to have transported 3 unit of sand in Bullock Cart without proper license.

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 co accused were arrested and released on bail in the Sessions Court, in Crl.M.P.No.2081 of 2015. He further submitted that the petitioner is the owner of the Bullock cart.

5. The learned Government Advocate (Crl. Side) would submit that the petitioner does not have any previous case.

6. Considering the facts and circumstances of the case and also considering the fact that the co-accused have already released on bail, I am inclined to 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, Cheranmahadevi, Thirunelveli District and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two https://hcservices.ecourts.gov.in/hcservices/

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 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/- 29/04/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE CHERANMAHADEVI, TIRUNELVELI DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE PAPPAKUDI POLICE STATION, TIRUNELVELI DISTRICT. +1. CC to M/S.V.ANGUSAMY Advocate SR.No.23544 RL/6 C- 5/5/2015

ORDER

IN CRL OP(MD) No.8212 of 2015 Date :29/04/2015 https://hcservices.ecourts.gov.in/hcservices/