Balamurugan 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.18716 of 2018 1 BALAMURUGAN 2 RAJASIMMAN ... PETITIONER/ ACCUSED NO 3,4 Vs THE INSPECTOR OF POLICE VEMBAKOTTAI POLICE STATION, VIRUDHUNAGAR DISTRICT (CRIME NO.367/2018) ... RESPONDENT / RESPONDENT For Petitioners : MR.N.MARIAPPAN 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 petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 of I.P.C., and 4(1)(1A), 21(1) of Mines and Minerals Act in Crime No. 367 of 2018, seek anticipatory bail.
2. The case of the prosecution is that, during usual checkup, the petitioners and other accused persons were illegally trying to transport the sand in the JCB vehicle bearing registration No.TN 67 AE 0807. Hence, a case has been registered. 3.Heard the learned counsel appearing for the petitioners. 4.The learned Additional Public Prosecutor appearing for the respondent submitted that the sand was recovered by the respondent police.
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-II, Sattur, Virudhunagar https://hcservices.ecourts.gov.in/hcservices/
District and on their 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 conditions 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 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 II SATTUR, VIRUDHUNAGAR DISTRICT 2 DO THORUGH THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE VEMBAKOTTAI POLICE STATION, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to MR.N.MARIAPPAN Advocate SR.No.19812
ORDER
IN CRL OP(MD) No.18716 of 2018 Date :16/10/2018 MSI/RR/SAR-I/23.10.2018-2P/6C https://hcservices.ecourts.gov.in/hcservices/