Madras High CourtCRL OP(MD)/6473/2021granted

Kandavel v. The Inspector Of Police

2021-05-21Honourable Mr Justice B.Pugalendhi2 pages

CRL OP(MD). No.6473 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/05/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.6473 of 2021

1. Kandavel

2. Selvendran ... Petitioners/Accused Nos.10 & 11 Vs State rep.by The Inspector of Police, Saptur Police Station, Madurai District.

(Crime No. 66 of 2021).

... Respondent/Complainant For Petitioners : Mr.T.Palanisamy, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.66 of 2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police, for the offences punishable under Sections 143, 188, 353, 506(i), 379 of IPC r/w. 4(1)(1A), 21(1) of Mines and Minerals Development and Regulation Act, 1957, in Crime No.66 of 2021, on the file of the respondent police, seek anticipatory bail. 2.Heard both sides.

3.The case of the prosecution is that based on the secret information, the respondent police conducted an inspection and found that the petitioners and other accused have illegally transported odai sand in seven tractors. Hence, the complaint. 4.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.6473 of 2021 offence as alleged by the prosecution and the petitioners have been falsely implicated in the present case and hence, they seek anticipatory bail.

5.The learned Additional Public Prosecutor on instructions, submitted that the petitioners are not involved in any other offence.

6.Without going into the merits of the case, considering the nature of the allegation made against the petitioners and considering the pandemic situation and also the fact that the petitioners are not involved in any case of similar in nature, this Court is inclined to grant interim anticipatory bail to the petitioners for a period of two months and the petitioners shall report before the respondent police once in a week i.e., on Monday at 10.30 a.m. for interrogation till then.

7.In the event of arrest, the petitioners are directed to be released on interim bail on their executing personal bond for Rs.10,000/- (Rupees Ten Thousand only) each without sureties to the satisfaction of the Arresting Officer.

8.Call the matter after two months.

sd/- 21/05/2021 / TRUE COPY / / /2021 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 INSPECTOR OF POLICE, SAPTUR POLICE STATION, MADURAI DISTRICT.

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

ORDER IN CRL OP(MD) No.6473 of 2021 Date :21/05/2021 Ls/Mrn AE/AKM/SAR-III/26.05.2021/2P/3C https://hcservices.ecourts.gov.in/hcservices/ 2/2