Kamaladasan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.6041 of 2020

1. Kamaladasan

2. Sundaram @ Sundarapandian

3. Raja

4. Elangovan ... Petitioners/Accused Nos. 2,4,5 and 7 Vs State rep by The Sub Inspector of Police, Annavasal Police Station, Pudukkottai District.

Cr.No.43 of 2020. ... Respondent For Petitioners : M/s P.Ganapathi Subramanian, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.43 of 2020 in 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 sections 379 of I.P.C., and Sections 21 (1) and 21 (2) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No. 43 of 2020 on the file of the respondent police, seek anticipatory bail. 3.The contraband involved in this case is five units of sand. 4.The learned counsel appearing for the petitioners states that the first accused was arrested and he was released on bail on his deposit of a sum of Rs.75,000/-.

5.The first petitioner herein is said to be the owner of the vehicle. The vehicle has already been seized. The petitioners 2 to 4 are only the workers. I am of the view that the arresting of the petitioners 2 to 4 is not going to serve any purpose https://hcservices.ecourts.gov.in/hcservices/

6.Taking note of the overall facts and circumstances, 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 District Munsif cum Judicial Magistrate, Illuppur, Pudukottai and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each 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.

7. 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/- 11.06.2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TSG 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, Illuppur, Pudukottai.

2.-do- Through The Chief Judicial Magistrate, Pudukottai

3. The Sub Inspector of Police, Annavasal Police Station,Pudukkottai District.Cr.No.43 of 2020.

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

ORDER

IN CRL OP(MD) No.6041 of 2020 Date : 11/06/2020 https://hcservices.ecourts.gov.in/hcservices/ VB SKN SAR 2 (16.06.2020) 2P 5C