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Madras High CourtCRL OP(MD)/6651/2017ordered

Thirupathi v. The Inspector Of Police

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

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.6651 of 2017 1 THIRUPATHI 2 MARIMUTHU ... PETITIONERS / ACCUSED NO.1 & 2 Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KEELARAJAKULARAMAN POLICE STATION, VIRUDHUNAGAR DISTRICT CRIMENO. 158 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.G.THALAIMUTHARASU 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 petitioners, who are arrayed as A1 and A2 in Crime No.

158 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 IPC and Section 21(1) of Mines and Minerals Act and hence, seek anticipatory bail. 2.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent/State. 3.The learned counsel for the petitioners submitted that the petitioners along with the other accused are alleged to have illegally transported half unit of sand worth about Rs.3000/- without any valid permit and on seeing the respondent Police, they ran away from the said place. He would further submit that the petitioners are coolie workers. They are innocent. They have not committed any offence as alleged in the complaint. They have 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 petitioners. The investigation is pending. https://hcservices.ecourts.gov.in/hcservices/

5. Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Rajapalayam and on each 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 petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 6.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 shall stand automatically dismissed.

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

TO 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM.

2 THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3 THE INSPECTOR OF POLICE, KEELARAJAKULARAMAN POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.23321

ORDER

IN CRL OP(MD) No.6651 of 2017 Date :06/06/2017 MKV-CM-MSA-SAR 2/9.6.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/