Madras High CourtCRL OP(MD)/6319/2018partly allowed

Mathan @ Mahalingam v. The Inspector Of Police

2018-04-19Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of April Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.6319 of 2018 1 MATHAN @ MAHALINGAM 2 SUDHAKAR @ SUBAKAR ... PETITIONERS/ACCUSED No.2 & 3 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE PANAGUDI POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.201/2018 ... RESPONDENT / COMPLAINANT For Petitioners : M/S.K.SIVABALAN Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 379 I.P.C. and Section 21(1) of Mines and Minerals (Development and Regulations)Act, 1957, in Crime No.201 of 2018, seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioners. 3.The learned Government Advocate(Crl.Side) submitted that the first petitioner is having three previous cases. The second petitioner is not having any previous case.

4. Considering the fact that the first petitioner is having three previous cases to his credit, this Court is not inclined to grant anticipatory bail to the first petitioner. Accordingly, the Criminal Original Petition is dismissed in respect of the first petitioner.

5. Considering the fact that the second petitioner is not having any previous case, this Court is inclined to grant anticipatory bail to the second petitioner with certain conditions. https://hcservices.ecourts.gov.in/hcservices/

Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Valliyur and on his 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 second petitioner shall appear before the respondent police as and when required for interrogation. The second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 6.The second 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 shall stand dismissed.

sd/- 19/04/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VALLIYUR, TIRUNELVELI DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE PANAGUDI POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.K.SIVABALAN Advocate SR.No.6791

ORDER

IN CRL OP(MD) No.6319 of 2018 Date :19/04/2018 SMA/PMI/GSR/24.04.2018:2P/6C https://hcservices.ecourts.gov.in/hcservices/