Madras High CourtCRL OP(MD)/7836/2020granted

Pandiarajan v. The Inspector Of Police

2020-07-28Honourable Mr Justice G.R.Swaminathan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN Pandiarajan ... Petitioner/Accused Nos.1 Vs The State rep. by The Inspector of Police, Kariyapatti Police Station, Virudhunagar District (In Crime No.90 of 2020). ... Respondent/Complainant For Petitioner : Mr.A.Balaji, Advocate.

For Respondent : Mr.A.Robinson,, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 90 of 2020 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 (Criminal 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(5) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.90 of 2020 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner's earlier petition for anticipatory bail was dismissed, since the petitioner is having previous case. The contraband involved is two units of sand.

4. The petitioner's counsel undertakes that the petitioner comes forward to make available barricades for a value of Rs.40,000/- for the respondent police station.

5. Recording the said undertaking, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Virudhunagar, 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 eight weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 28/07/2020 / 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.

1. THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE, KARIYAPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.7836 of 2020 Date :28/07/2020 DAS SRS/ VR/ SAR-III/ 31.07.2020/ 3P/5C