Madras High CourtCRL OP(MD)/17493/2016ordered

M.Gandhi Selwyn v. The Inspector Of Police,

2016-09-21Honourable Mr Justice C. T. Selvam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty First day of September Two Thousand Sixteen PRESENT The Hon`ble Mr.Justice C.T.SELVAM CRL OP(MD) No.17493 of 2016 M.GANDHI SELWYN ... PETITIONER/ACCUSED NO.2 Vs THE STATE REPRESENTED BY , THE INSPECTOR OF POLICE, PAVOOR CHATHIRAM POLICE STATION, TIRUNELVELI DISTRICT CRIME NO.391 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.ANAND Advocate For Respondent : MR.K.V.RAJARAJAN, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Petitioner/accused, prays for grant of anticipatory bail under Section 438 of Cr.P.C. for the offences punishable under Sections 379 of I.P.C., and Section 21(1) and 21(4) of Mines and Minerals Act (Development and Regulation Act) in Crime No.391 of 2016 on the file of the respondent police.

2. The case of the prosecution is that the petitioner has transported two unit of sand illegally.

3. The learned counsel for the petitioner submitted that the petitioner has got valid permit and he has been falsely implicated in this case.

4.Learned Government Advocate (Crl. Side) submitted that the petitioner is having one previous case.

5. On consideration of the facts and circumstances of the case and the submissions made, this Court is of the view that the petitioner can be granted the relief prayed for and accordingly; (a) In the event of arrest by or on appearance before the respondent police;

(b) In the event of appearance before the learned Judicial Magistrate, Tenkasi, Tirunelveli District within 15 days from the date of receipt of a copy of the order, https://hcservices.ecourts.gov.in/hcservices/

(i) the petitioner shall be enlarged on bail on his executing a bond for Rs.10,000/- (Rupees ten thousand only) with two sureties each for the likesum to their satisfaction;

(ii)the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the fact of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer;

(iii)the petitioner shall report before the respondent police daily at 10.30 a.m. for two weeks and thereafter as and when required.

sd/- 21/09/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, TENKASI, TIRUNELVELI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE, PAVOOR CHATHIRAM POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.ANAND Advocate SR.No.54396 AKV CSL/PV/SAR-I/27.09.2016: 2P/6C

ORDER

IN CRL OP(MD) No.17493 of 2016 Date :21/09/2016 https://hcservices.ecourts.gov.in/hcservices/