M.Sakthi @ Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Tenth day of April Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.4198 of 2017 1 M.SAKTHI @ SARAVANAN 2 KASIRAJAN ... PETITIONERS/ ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE TIRUPPACHETHI POLICE STATION, SIVAGANGAI DISTRICT (CRIME NO. 82 OF 2017) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.R.VENKATESAN Advocate For Respondent : M/S S.PRABHA, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who is arrayed as accused in Crime No.82 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) of the Mines and Minerals (Development and Regulation) Act, 1957, Section 379 IPC and Section 3(1) of TNPPDL Act and hence, seek anticipatory bail.

2.Heard the learned counsel for the petitioners and the learned Government Advocate(Crl. Side) for the respondent/State. 3.The learned counsel for the petitioners submitted that the petitioners colluding with the other accused are alleged to have damaged the Thothankulam pond and illegally taken away 2 unit of sand. He would further submit that the petitioners have not committed any offence as alleged in the complaint. They have been falsely implicated in this case.

4.The learned Government Advocate appearing for the respondents / Police submitted that the petitioners are A1 and A2 and that A3 and A4 have absconded. There is no previous case against the petitioners. The investigation is pending.

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

released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Manamadurai and on each 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 petitioners shall appear before the respondent police once in a week ie., on every Monday at 10.30 a.m. 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/- 10/04/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, MANAMADURAI.

2.DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.

3.THE INSPECTOR OF POLICE TIRUPPACHETHI 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.19839

ORDER

IN CRL OP(MD) No.4198 of 2017 Date :10/04/2017 MS/PM.PN/SAR.4/13.04.2017/2P.6C https://hcservices.ecourts.gov.in/hcservices/