Madras High CourtCRL OP(MD)/5904/2020ordered

Malaisamy v. The Inspector Of Police

2020-06-11Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.5904 of 2020 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.5904 of 2020 Malaisamy ... Petitioner/Sole Accused Vs The State Rep. by The Inspector of Police, Melatur Police Station, Thanjavur District.

Cr.No.102 of 2020. ... Respondent/Complainant For Petitioner : M/s.K.M.Karunakaran, 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 petitioner on bail in the event of his arrest in connection with Cr.No.102 of 2020 on the file of the respondent police and pass such other orders as this Honble 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 sections 379 of I.P.C., r/w Section 21(4) of the Mines and Minerals (Development and Regulation)Act in Crime No.102 of 2020 on the file of the respondent police, seeks anticipatory bail.

3.The contraband involved in this case is two units of sand. 4.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.102 of 2020, before the jurisdictional Court. It https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.5904 of 2020 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.

5.On such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.3, Thanjavur, 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.

6.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/- 11/06/2020 / 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 JUDICIAL MAGISTRATE No.3, THANJAVUR.

2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE INSPECTOR OF POLICE, MELATUR POLICE STATION, THANJAVUR DISTRICT.

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

ORDER IN CRL OP(MD) No.5904 of 2020 Date :11/06/2020 GNS TE/JC/SAR-II : 17/06/2020 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/ 2/2