Karuppasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty First day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice V.S.RAVI CRL OP(MD) No.9019 of 2015 KARUPPASAMY ... PETITIONER/ACCUSED No.1 Vs STATE REP BY THE INSPECTOR OF POLICE VEERAPANDI POLICE STATION, CR.NO.108/2015, THENI DIST. RESPONDENT/COMPLAINANT For Petitioner : M/S.J.SENTHIL KUMAR Advocate For Respondent : MR.A.P.BALASUBRAMANI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- This is an application filed by the petitioner to grant anticipatory Bail. The petitioner, who is arrayed as A1 apprehends arrest at the hands of the respondent Police for the alleged offences punishable under Sections 147 and 379 IPC r/w 21(1) Mines and Minerals Act in Crime No.

108 of 2015 on the file of the respondent Police and hence, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner is the driver of the Tractor bearing registration number TN 72 X 3291 and Trailer bearing registration number TN 60 C 7448 and the petitioner and others have loaded the river sand in the above said vehicle without any permit and on seeing the respondent police, the petitioner and others ran away from the occurrence place. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.side) appearing for the State and also perused the materials on record.

4.The learned Government Advocate (Crl.side), on instructions from the respondent Police, has submitted that 1 unit of sand has been recovered along with the tractor and the petitioner has no previous case and hence, stringent condition may be imposed if anticipatory bail is granted to the petitioner. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with https://hcservices.ecourts.gov.in/hcservices/

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, Theni, 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 appear before the respondent police daily at 10.00 am 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/- 21/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,THENI 2 THE CHIEF JUDICIAL MAGISTRATE,THENI 3 THE INSPECTOR OF POLICE VEERAPANDI POLICE STATION, THENI DIST.

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

+1. CC to M/S.J.SENTHIL KUMAR Advocate SR.No.25976

ORDER

IN CRL OP(MD) No.9019 of 2015 Date :21/05/2015 AA/26.05.2015/2p - 6c/ https://hcservices.ecourts.gov.in/hcservices/