Subburam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Nineteenth day of June Two Thousand Seventeen PRESENT The Hon`ble Mrs.Justice J.NISHA BANU CRL OP(MD) No.7484 of 2017 1 SUBBURAM 2 ANANDARAJ ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE ETTAYAPURAM POLICE STATION, THOOTHUKUDI DISTRICT, IN CR.NO. 229 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.ANAND 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 accused, in Crime No.229 of 2017 on the file of the respondent police, apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of I.P.C., and Section 21(1) of Mines and Minerals Regulation and Appeal Act and hence, seek anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor appearing for the respondent/State.

3. The case of the prosecution is that on 14.06.2017, the petitioners have transported two units of river sand without any valid permit. The first petitioner is the owner of the lorry and the second petitioner is the driver.

4. The learned Additional Public Prosecutor would submit that there is no previous case against the petitioners.

5. Considering the facts and circumstances of the case and also considering the fact that there is no previous case against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners, with certain conditions. Accordingly, the https://hcservices.ecourts.gov.in/hcservices/

petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Kovilpatti, Thoothukudi District and on each of them 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 shall appear before the respondent police daily at 10.30 a.m. until further orders. 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 stands dismissed.

sd/- 19/06/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II KOVILPATTI, THOOTHUKUDI DISTRICT 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE THOOTHUKUDI DISTRICT 3 THE INSPECTOR OF POLICE ETTAYAPURAM POLICE STATION, THOOTHUKUDI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.R.ANAND Advocate SR.No.24546 SM:RR-BS:SAR 3:23.6.2017:2P/6C

ORDER

IN CRL OP(MD) No.7484 of 2017 Date :19/06/2017 https://hcservices.ecourts.gov.in/hcservices/