Arjunan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN ARJUNAN ... PETITIONER/ACCUSED NO.6 VS STATE REP. BY THE SUB INSPECTOR OF POLICE, ILLUPUR POLICE STATION, PUDUKKOTTAI DISTRICT.

CRIME NO.40 OF 2020.

... RESPONDENT For Petitioner : M/s P.Ganapathi Subramanian, Advocate.

For Respondent : Mr.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the petitioner on Bail in Cr.No.40 of 2020 on the file of the respondent police in the event of arrest or surrender before the concerned Judicial Magistrate Court. ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

2.The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Section 379 of I.P.C., Sections 21(1) and 21(2) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.40 of 2020, on the file of the respondent police, seeks anticipatory bail. 3.The learned Government Advocate (Criminal Side) states that the petitioner illegally transported two units of river sand. 1/3

4.Taking note of the facts and circumstances of the case, anticipatory bail is granted to the petitioner with certain conditions. The petitioner undertakes to deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) as non refundable deposit to the credit of Crime No.40 of 2020, before the jurisdictional Court. It will be without prejudice to the petitioner's defence in the trial. The said amount will be transferred by the Court to the account of any relief fund that may be maintained by the district administration. The district administration shall spend the amount for any welfare activity and also submit user certificate to the Registry of this Court.

On such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned District Munsif Cum Judicial Magistrate, Illupur, Pudukkottai 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 condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5.The petitioner 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 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ILLUPUR, PUDUKKOTTAI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE SUB INSPECTOR OF POLICE ILLUPUR POLICE STATION, PUDUKKOTTAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.5856 of 2020 Date :10/06/2020 DAS JM/PN/SAR 2/12.06.2020/3P/5C 3/3