Nagaraj 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.9071 of 2015 1 NAGARAJ 2 A. HENRY 3 D. GANESAMOORTHY ... PETITIONERS / ACCUSED NO.A2, A4 AND A5 Vs THE STATE REP.BY THE INSPECTOR OF POLICE THIRUVERUMBUR POLICE STATION, TRICHY DT, CRIME NO.320/2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/SR.SATISH 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 petitioners.

The petitioners, who are arrayed as A2, A4 and A5 apprehend arrest at the hands of the respondent Police for the alleged offences punishable under Sections 147, 354 and 506(i) IPC r/w Section 21(a) (b) of Tamil Nadu Mines and Minerals Act in Crime No.320 of 2015 on the file of the respondent Police and hence, seek anticipatory bail. 2.The case of the prosecution is that A1 is the driver of the JCB vehicle bearing registration No.TN 81 Z 9264, which belongs to the third petitioner. A5 involved in illegal mining operation and when the same has been enquired by the respondent police, the accused persons prevented him from discharging his duty and also threatened him.

3.Heard the learned counsel appearing for the petitioners 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 and the petitioners have no previous case and hence, stringent condition may be imposed, if anticipatory bail, is granted to the petitioners.

https://hcservices.ecourts.gov.in/hcservices/

5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.VI, Trichy, and on executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each 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 at 10.00 am until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.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/- 21/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.VI,TRICHY.

2.DO THRO CHIEF JUDICIAL MAGISTRATE, TRICHY.

3.THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE THIRUVERUMBUR POLICE STATION, TRICHY DISTRICT. +1. CC to M/SR.SATISH Advocate SR.No.26286

ORDER

IN CRL OP(MD) No.9071 of 2015 Date :21/05/2015 RG.26.05.2015 2P.6C.

https://hcservices.ecourts.gov.in/hcservices/