Murugesan 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.18683 of 2018 1.MURUGESAN 2 SUNDAR ... PETITIONERS / ACCUSED Vs THE INSPECTOR OF POLICE SIRUGANUR POLICE STATION, (IN CRIME NO. 229 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.VEERA ASSOCIATES 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., r/w 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No. 229 of 2018, seek anticipatory bail.

2. The case of the prosecution is that on 08.10.2018, the defacto complainant was on Patrol duty along with the police people near Thatchangurichi Manimandapam, at that time, the first and second petitioners were illegally trying to transport the sand by using the Tractor bearing Registration No.TN 55 AE 3775. 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 quantity of sand involved is one unit and the same 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 https://hcservices.ecourts.gov.in/hcservices/

are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Lalgudi 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 LALGUDI.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3.THE INSPECTOR OF POLICE, SIRUGANUR POLICE STATION.

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

+1. CC to M/S.VEERA ASSOCIATES Advocate SR.No.19874

ORDER

IN CRL OP(MD) No.18683 of 2018 Date :16/10/2018 AE/MMS/SAR4/22.10.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/