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Madras High CourtCRL OP(MD)/19789/2016ordered

A. Suresh v. The Inspector Of Police

2016-10-14Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Fourteenth day of October Two Thousand Sixteen PRESENT The Hon`ble Mr Justice K.KALYANASUNDARAM CRL OP(MD) No.19789 of 2016 1 A. SURESH 2 A. RAMESH 3 A. RAMA ALAGU ... PETITIONERS/ACCUSED NOS.2 TO 4 Vs STATE REP BY THE INSPECTOR OF POLICE SEITHUR RURAL POLICE STATION, VIRUDHUNAGAR DISTRICT, (CRIME NO. 152 OF 2016) ... RESPONDENT/ COMPLAINANT For Petitioner : M/S.G.MARIMUTHU Advocate For Respondent : M/S.A.P.BALASUBRAMANI, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos. 2 to 4, apprehend arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of I.P.C., and Section 21(4) of Mines and Minerals Development Regulation Act, 1957, in Crime No.152 of 2016 on the file of the respondent police and hence, seek anticipatory bail.

2. The learned counsel for the petitioners submitted that the petitioners 1 and 2 are the owners of the vehicle and the third petitioner is the driver of the vehicle and they have been falsely implicated in this case. He further submitted that the petitioners and are ready and willing to donate Rs.10,000/- to Tamil Nadu Harijan Sevak Sangh, Madurai.

3. The learned Government Advocate (Crl.side) submitted that the petitioners have transported one unit of river sand without any permit and there is no previous case against the petitioners. He further submitted that A1 was already arrested and he is still in custody.

4. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance before the learned Judicial Magistrate, Rajapalayam, Virudhunagar District and on the petitioners 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 1 and 2 pays a sum of Rs.10,000/- (Rupees Ten Thousand Only) to Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memorial Residential Primary School Campus, 12, Dr.Thangaraj Road, Vinayaga Nagar, Opposite to Madurai Law College, Madurai -20 (Cell No.9994657433) and the petitioners shall appear before the respondent police daily at 10.00 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

5. The petitioners 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 stands dismissed.

sd/- 14/10/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE RAJAPALAYAM VIRUDHUNAGAR DISTRICT 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRIC AT SRIVILLIPUTHUR 3.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 4.THE INSPECTOR OF POLICE SEITHUR RURAL POLICE STATION, VIRUDHUNAGAR DISTRICT, +1. CC to M/S.G.MARIMUTHU Advocate SR.No.60804 Copy to: The Officer-in-Charge, Tamil Nadu Harijan Sevak Sangh, N.M.R.Subbaraman Memorial Residential Primary School Campus, 12, Dr.Thangaraj Road, Vinayaga Nagar, Opposite to Madurai Law College, Madurai -20 (Cell No.9994657433) RL/7C/2P/SKS/RR/SAR3/19.10.2016

ORDER

IN CRL OP(MD) No.19789 of 2016 Date :14/10/2016 https://hcservices.ecourts.gov.in/hcservices/