Madras High CourtCRL OP(MD)/2523/2017ordered

M.Sakthi @ Saravanan, v. The Inspector Of Police,

2017-03-10Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Tenth day of March Two Thousand and Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.2523 of 2017 1 M.SAKTHI @ SARAVANAN 2 MASANAM ... PETITIONERS / ACCUSED NO.1 & 2 Vs THE STATE REP BY THE INSPECTOR OF POLICE, TIRUPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO.59 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.VENKATESAN Advocate For Respondent : MRS.S.PRABHA, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as A-1 and A-2 in Crime No.59 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 21(1) Mines and Minerals Regulation and Development Act 1957 and 3(1) of TNPPDL Act, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State.

3. The case of the prosecution is that when the complainant, who is the Village Administrative Officer of Thoothai Group was on inspection, the Petitioners and others damaged the Vaigai bund and took the sand in two lorries.

4.The learned Government Advocate (Crl.Side) submitted that totally there are 12 accused in this case and A10 was arrested. He further submitted that no previous case is pending against the petitioners herein.

5.The learned counsel for the petitioners submitted that the petitioners are innocent persons and they were falsely implicated in this case.

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6.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, Manamadurai, 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 first petitioner shall appear before the respondent police daily at 10.30 a.m until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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/- 10/03/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAMADURAI.

2 THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT. 3 THE INSPECTOR OF POLICE, TIRUPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.R.VENKATESAN Advocate SR.No.13713

ORDER

IN CRL OP(MD) No.2523 of 2017 Date :10/03/2017 MKV-SV-MMS-SAR 2/16.2.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/