Bhagavathy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twentieth day of January Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice A.M.BASHEER AHAMED CRL OP(MD) No.535 of 2017 1 BHAGAVATHY 2 MUTHUPANDI ... PETITIONER / ACCUSED NO.2 & 3 Vs THE INSPECTOR OF POLICE MUNNIRPALLAM POLICE STATION, TIRUNELVELI DISTRICT ... RESPONDENT / COMPLAINANT For Petitioner : M/S.V.BALASUBRAMANIAN Advocate For Respondent : M/S.P.KANDASAMY, Govt.Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of IPC., r/w Section 21(1) of Mines and Minerals (Development & Regulation) Act, in Crime No.2 of 2017, seek anticipatory bail. 2.

The learned counsel appearing for the petitioners states that the petitioners herein are A2 and A3 respectively, who are the owners of two tipper lorry, which are said to be used for transport of red sand without any permission and the petitioners are innocent and they have not committed any offence. He would further submit that A1 was granted anticipatory bail by the learned Principal District Judge, Tirunelveli in Crl.M.P.No.132 of 2017, dated 05.01.2017.

3.The learned Government Advocate (crl.side) appearing for the respondent states that totally there are eight accused in this case and the petitioners herein are A2 and A3 respectively, who are owners of two tipper lorry, which were used for illegal transportation of four units of red sand with the help of JCP. The case has been registered on the basis of complaint given by the Village Administrative Officer. He would further submit that A5 to A8 were already arrested and released on bail by the Jurisdictional Magistrate. The said two tipper lorry, a JCP and four units of red sand were seized in this case and the investigation is still pending.

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4.Considering the above 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 No.5, Tirunelveli, on condition that each petitioners shall execute 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall report before 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.

5.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 20/01/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.1) TO 1 THE JUDICIAL MAGISTRATE NO.V TIRUNELVELI.

2 -DO THROUGHTHE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE MUNNIRPALLAM POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDL.PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.V.BALASUBRAMANIAN Advocate SR.No.3418

ORDER

IN CRL OP(MD) No.535 of 2017 Date :20/01/2017 anr/ss3/sar1/20.01.2017/2p/6c https://hcservices.ecourts.gov.in/hcservices/