Rajini v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixteenth day of October Two Thousand and Eighteen PRESENT The Hon`ble Mr.Justice C.V.KARTHIKEYAN CRL OP(MD) No.18648 of 2018 RAJINI ... PETITIONER / ACCUSED No.1 Vs STATE THROUGH, THE INSPECTOR OF POLICE, AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT.

CRIME NO.116/2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.R.MAHESWARAN Advocate For Respondent : Mr.S.CHANDRASEKARAN, 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 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No. 116 of 2018, seeks anticipatory bail. 2.The case of the prosecution is that when the respondent police was in routine check up and that the respondent police have found a Tata Benz Lorry transporting river sand of two units without any valid permission. Hence, a case has been registered.

3. The learned counsel appearing for the petitioner submitted that the petitioner is only the driver of the vehicle and that the petitioner is no way connected with the case. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the quantity of sand involved is two units and the same was recovered.

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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-III, Thanjavur 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 NO.III, THANJAVUR.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

3.THE INSPECTOR OF POLICE, AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to Mr.R.MAHESWARAN Advocate SR.No.19910.

ORDER

IN CRL OP(MD) No.18648 of 2018 Date :16/10/2018 RAM/MMS/SAR 1/23.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/