Sinraj Albert v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN Sinraj Albert ... Petitioner/Sole Accused Vs The State rep.by The Inspector of Police, Thanjavur Town South Police Station.
Thanjavur, Thanjavur District.
Crime No.141/2019. ... Respondent/Complainant For Petitioner : M/s.A.Thiruvadi Kumar, Advocate.
For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.141 of 2019 on the file of the Respondent Police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.
2. The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of I.P.C., and Section 21(1) of Mines and Minerals (Development and Regulation)Act, 1957, in Crime No.141 of 2019 on the file of the respondent police, seeks anticipatory bail.
3. The petitioner is alleged to have transported two units of sand. If fact, this Court had earlier granted relief to the petitioner in Crl.O.P.(MD)No.16432 of 2019. But then, the petitioner did not remit the said amount.
4. The petitioners' counsel gives an undertaking that the petitioner will deposit a sum of Rs.30,000/- to the credit of the instant crime number before the jurisdictional Magistrate. The 1/3
learned Magistrate will arrange to transfer the said amount immediately to any relief fund or welfare fund maintained by the District Administration. The District Administration will also spend the same immediately on some welfare measure and send the user certificate to the Registry of this Court.
5. In view of the above, I am 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 No.II, 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 as and when required for interrogation. 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/- 16/07/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1.THE JUDICIAL MAGISTRATE NO II, THANJAVUR.
2.THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.
3.THE INSPECTOR OF POLICE, THANJAVUR TOWN SOUTH POLICE STATION.
THANJAVUR, THANJAVUR DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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COPY TO:
1.THE DISTRICT COLLECTOR, THANJAVUR DISTRICT.
2.THE REGISTRAR(JUDICIAL) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.7487 of 2020 Date :16/07/2020 RMI TK/PN/SAR.2/24.07.2020/3P/7C 3/3