Madras High CourtCRL OP(MD)/5979/2020ordered

Nallathambi v. The Inspector Of Police

2020-06-11Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Nallathambi, ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Adirampattinam Police Station, Thanjavur District.

Crime No.92 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 :- For Anticipatory Bail in Cr.no.92 of 2020 in the file of the Respondent Police 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 apprehends arrest at the hands of the respondent police for the offences punishable under sections 21(1) Mines and Minerals (Development and Regulation) Act and Section 379 of I.P.C., in Crime No. 92 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner is said to be a JCB owner. The learned counsel for the petitioner states that the JCB has been seized by the respondent police and is in their custody. Since the vehicle has been seized and the petitioner is not having any bad antecedents I am of the view that the arrest of the petitioner is not owing to serve any purpose.

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4. In the view of the above, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned The Judicial Magistrate, Pattukkottai, Thanjavur 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 15 days 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, PATTUKKOTTAI, THANJAVUR DISTRICT.

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

3.THE INSPECTOR OF POLICE, ADIRAMPATTINAM POLICE STATION, THANJAVUR DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.5979 of 2020 Date :11/06/2020 ksa AE/RSK/SAR-III (24.06.2020) 2P 5C 2/3

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