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Madras High CourtCRL OP(MD)/6594/2017ordered

S.Muniyasamy, v. The Inspector Of Police,

2017-06-05Honourable Mrs Justice J. Nisha Banu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Fifth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6594 of 2017 S.MUNIYASAMY ... PETITIONER/SINGLE ACCUSED Vs STATE REP.BY, THE INSPECTOR OF POLICE, SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

CRIME NO.151/2017 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.R.VENKATESWARAN Advocate For Respondent : MR.A.RAMAR, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused in Crime No.151 of 2017 on the file of the respondent police, apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act and hence, seeks anticipatory bail. 2.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent/State. 3.The learned counsel for the petitioner submitted that the petitioner is alleged to have transported 3/4 unit of river sand without any valid permit or license. The petitioner is innocent. He has not committed any offence as alleged in the complaint. He has been falsely implicated in this case.

4.The learned Additional Public Prosecutor appearing for the respondent / Police submitted that no previous case is pending against the petitioner and that the investigation is pending.

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be https://hcservices.ecourts.gov.in/hcservices/

released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Mudukulathur 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 once in a week, i.e, on every Monday at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. Scrupulously.

6.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/- 05/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,MUTHUKULATHUR, RAMANATHAPURAM DISTRICT. 2 THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM. 3 THE INSPECTOR OF POLICE, SAYALKUDI POLICE STATION RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.R.VENKATESWARAN Advocate SR.No.23229 PJL CSL/PM-PN/SAR-I/12.06.2017 : 2P/6C

ORDER

IN CRL OP(MD) No.6594 of 2017 Date :05/06/2017 https://hcservices.ecourts.gov.in/hcservices/