Madras High CourtCRL OP(MD)/3627/2017ordered

K.Gandhi v. The Inspector Of Police

2017-03-28Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of March Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.3627 of 2017 K.GANDHI ... PETITIONER/ACCUSED RANK NOT KNOWN Vs STATE REP.BY, THE INSPECTOR OF POLICE APPAIYANAIKENPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

*CRIME NO. 24 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.SOLAISAMY Advocate For Respondent : MRS.S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as an accused, in *Crime No.24 of 2016 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of I.P.C r/w Section 21(1) of Mines and Minerals Act and hence, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Government Advocate(Crl. Side) for the respondent/State.

3. The learned Government Advocate(Crl. Side) on instructions submitted that the petitioner along with other accused was found in possession of sand in gunny bags in his two wheeler, without valid permit. She further submitted that A-1 was granted anticipatory bail by this Court in Crl.O.P(MD)No.3508 of 2017, dated 24.03.2017.

4. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner, with 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 No.I, Sathur, Virudhunagar District 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 https://hcservices.ecourts.gov.in/hcservices/

condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5.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/- 28/03/2017 / TRUE COPY / *Amended as per order of this Hon'ble Court made in Crl.MP(MD).No.3334/2017 in Crl.OP.(MD).No.3627/2017 dated 20.4.2017 by JNBJ The time for surrender granted by this Court is extended for ten days from the date on which the petition for anticipatory bail stands automatically dismissed.

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO To be substituted Order already despatched 1 THE JUDICIAL MAGISTRATE NO.I,SATHUR, VIRUDHUNAGAR DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE APPAIYANAIKENPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.M.SOLAISAMY Advocate SR.No.20757 PM CSL/BS/SAR-II/04.04.2017 : 2P/6C sm:CM-MSA:SAR 2:26.4.2017:2P/6c

ORDER

IN CRL OP(MD) No.3627 of 2017 Date :28/03/2017 https://hcservices.ecourts.gov.in/hcservices/