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Madras High CourtCRL OP(MD)/5862/2020granted

Jaisankar @ Jayachandran v. The Inspector Of Police

2020-06-10Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN 1.Jaisankar @ Jayachandran, 2.Balakrishnan ... Petitioners/Accused Nos.1 and 2 Vs The Inspector of Police, Bhoodhalur Police Station,Thanjavur District. Cr.No.68 of 2020.

... Respondent/Complainant For Petitioners : M.S K.M.Karnakaran, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the Petitioners on bail in the event of their arrest in connection with the Cr.no.68 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of I.P.C., r/w Section 21(4) of Mines and Minerals (Development and Regulation) Act 1957, in Crime No.68 of 2019 on the file of the respondent police, seek anticipatory bail.

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3.The quantity involved is half unit of river sand. The learned counsel appearing for the petitioners undertakes that the petitioners shall deposit a sum of Rs.7,500/-(Rupees Seven Thousand and Five Hundred Only) as non-refundable deposit to the concerned District Mineral Foundation Trust.

4.Recording the said undertaking given by the petitioners' counsel, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Thiruvaiyaru, Thanjavur District, and on their 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 as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

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

sd/- 10/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. Judicial Magistrate, Thiruvaiyaru, Thanjavur District.

2. Do-Through The Chief Judicial Magistrate, Thanjore District at Kumbakonam.

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3. The Inspector of Police, Bhoodhalur Police Station, Thanjavur District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER IN CRL OP(MD) No.5862 of 2020 TR/RSK(11.06.2020) 3P 5C 3/3