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Madras High CourtCRL OP(MD)/8385/2015ordered

Dharman v. The Inspector Of Police

2015-04-29Honourable Mr Justice K. Kalyanasundaram2 pages

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.8385 of 2015 1 DHARMAN 2 RAJAMANI ... PETITIONERS/ACCUSED NOS.2 TO 3 Vs THE INSPECTOR OF POLICE THOOTIAM POLICE STATION, TRICHY DISTRICT.

CRIME NO. 122 OF 2015 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.T.VADIVELAN Advocate For Respondent : Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Crl.O.P.(MD).No.8385 of 2015 K. KALYANASUNDARAM, J.

The petitioners who are arrayed as A2 and A3, apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 379 IPC r/w. 21(1) of Mines and in Crime No.122 of 2015, seek anticipatory bail.

2. The case of the prosecution is that the petitioners have transported 3 unit of sand in the lorry, without permission.

3. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent.

4. The learned counsel for the petitioners submitted that the petitioner is an innocent and he has been falsely implicated in this case.

5. The learned Government Advocate (Crl. Side) would submit that the petitioners have no previous case.

6. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Musiri and on each of them 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 daily at 10.30 am until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. https://hcservices.ecourts.gov.in/hcservices/

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, MUSIRI.

2.

-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3. THE INSPECTOR OF POLICE THOOTIAM POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S.T.VADIVELAN Advocate SR.No. 23887 SR/AMF : 05.05.2015 : 2P/6C

ORDER

IN CRL OP(MD) No.8385 of 2015 Date :29/04/2015 https://hcservices.ecourts.gov.in/hcservices/