Balan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of May Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.S.RAMESH CRL OP(MD) No.8258 of 2018 1 BALAN 2 PERUMAL ... PETITIONERS / ACCUSED 3 & 4 Vs STATE REP. BY 1 THE INSPECTOR OF POLICE VIJAYARANARAYANAM POLICE STATION, TIRUNELVELI DISTRICT.
(CRIME NO.63/2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.DEENADHAYALAN Advocate For Respondent : M/S.A.P.G.OHM CHAIRMA PRABJU Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the alleged offences under Section 379 IPC r/w Section 21 (1), 21 (4) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.63 of 2018 and seek anticipatory bail.
2. The allegation against the petitioners is that they were involved in transportation of 1⁄2 unit of river sand illegally.
3. The learned counsel for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that based on the confession of the co-accused, viz., A1, the petitioners herein were implicated in the said crime number.
4. The learned Government Advocate (Criminal side) submitted that the petitioners are involved in transporting 1⁄2 unit of river sand illegally and the property has been recovered. He further submitted that no previous case has been registered against the petitioners herein.
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5.Taking note of the above facts and circumstances, this Court is inclined to grant the relief of anticipatory bail to the petitioners.
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Magistrate concerned within a period of 10 days from the date of receipt of a copy of this order, on executing a separate 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 Judicial Magistrate, Nanguneri, or to the satisfaction of the respondent police or the police officer who intends to arrest and on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m. for two weeks and thereafter, as and when required for interrogation.
sd/- 16/05/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, NANGUNERI.
2.THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3.THE INSPECTOR OF POLICE VIJAYARANARAYANAM POLICE STATION, TIRUNELVELI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.S.DEENADHAYALAN Advocate SR.No.8516
ORDER
IN CRL OP(MD) No.8258 of 2018 Date :16/05/2018 mm/smn2 JM/CM/SAR 1/18.05.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/