Surya v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of October Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN CRL OP(MD) No.18723 of 2018 SURYA ... PETITIONER / ACCUSED No. 1 Vs THE STATE REP BY ITS, THE INSPECTOR OF POLICE R.S. MANGALAM POLICE STATION, RAMANATHAPURAM DISTRICT, (CRIME NO. 143 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.M.S.JEYAKARTHIK Advocate For Respondent : MR.K.R.RAMAKRISHNAN, ADDITIONAL PUBLIC PROSECUTOR PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 of I.P.C., and Section 21(4) of Mines and Minerals (Development and Regulation) Act 1957, in Crime No. 143 of 2018, seeks anticipatory bail.

2. The case of the prosecution is that during checking up the vehicles, the petitioner herein along with other accused persons were attempted to transport the sand by using tractor without having any valid license. Hence, a case has been registered. 3.The learned counsel appearing for the petitioner submitted that the petitioner has never involved with any offence as alleged by the respondent police.

4.The learned Additional Public Prosecutor appearing for the respondent submitted that the sand was recovered by the respondent police.

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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 released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thiruvadanai 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 daily at 10.30 a.m. until further orders. The petitioner shall comply with the conditions 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/- 16/10/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE THIRUVADANAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM 3 THE INSPECTOR OF POLICE R.S. MANGALAM POLICE STATION, RAMANATHAPURAM DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.M.S.JEYAKARTHIK Advocate SR.No. 19838

ORDER

IN CRL OP(MD) No.18723 of 2018 Date :16/10/2018 MSI/RR/SAR-I/23.10.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/