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Madras High CourtCRL OP(MD)/8908/2015allowed

Pandi Durai v. The Inspector Of Police

2015-06-02Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of June Two Thousand Fifteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.8908 of 2015 1 PANDI DURAI 2 AATHIMURUGAN ... PETITIONERS/ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE ODAIPATTI POLICE STATION, THENI DIST.

(CRIME NO. 72/2015) ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK Advocate For Respondent : MR.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 petitioners apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC and Section 21 of Mines and Minerals Act, 1957 in Crime No.72 of 2015 and hence, seek anticipatory bail.

2.The case of the prosecution is that the petitioners transported 1⁄4 unit sand without having valid permit by using their Tranctor. 3.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the respondent police.

4.The learned Government Advocate(Crl.Side) submitted that the petitioners are having three previous cases.

5. Considering the facts and circumstances of the case this Court https://hcservices.ecourts.gov.in/hcservices/ is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Uthamapalayam, on each of them executing a separate 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 petitioners shall appear before the respondent police daily twice at 10.30 a.m and 5.00 p.m until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

7. The petitioners 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/- 02/06/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, UTHAMAPALAYAM.

2 DO-THRO' THE CHIEF JUDICIAL MAGISTRATE THENI.

3 THE INSPECTOR OF POLICE ODAIPATTI POLICE STATION, THENI DISTRICT.

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

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.27109

ORDER

IN CRL OP(MD) No.8908 of 2015 Date :02/06/2015 PA/03.06.2015/2P/6C https://hcservices.ecourts.gov.in/hcservices/