Senthil Kumar v. The Inspector Of Police

CRL OP(MD). No.6848 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/05/2021 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.6848 of 2021

1. Senthil Kumar

2. Kumaresan

3. Maha Sudarsan ... Petitioners/Accused Rank Not Known Vs State Rep.by The Inspector of Police, Manamadurai SIPCOT Police Station, Sivagangai District.

Crime No.221 of 2020.

... Respondent/Complainant For Petitioners: Mr.S.MP.Amalan, 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.221 of 2020 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 Section 379, 511 of IPC and Section 21(4) of Mines and Minerals (Development and Regulation Act), seek anticipatory bail.

2.The case of the prosecution is that the petitioners had attempted to take gravel in private patta land in 16 lorries. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocents and a false case has been foisted against them. Hence, he seeks anticipatory bail.

4.The learned Additional Public Prosecutor appearing for the respondent would submit that the petitioners had attempted to take gravel in private patta land in 16 lorries and as far as the first https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.6848 of 2021 petitioner is concerned, there are three previous cases pending against him and there is no previous case pending against the petitioners Nos.2 and 3.

Hence, he opposed for granting anticipatory bail to the petitioners.

5. Since three previous cases are pending against the first petitioner, this Court is not inclined to grant anticipatory bail to the first petitioner. Accordingly, this petition is dismissed as far as the first petitioner is concerned.

6. Without going into the merits of the case, considering the nature of the allegation made against the petitioner Nos.2 and 3 and considering the pandemic situation and also the fact that the petitioners 2 and 3 are not involved in any case of similar in nature, this Court is inclined to grant interim anticipatory bail to the petitioner Nos.2 and 3 for a period of two months and the petitioner Nos.2 and 3 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 petitioner Nos.2 and 3 are directed to be released on interim anticipatory bail on their executing a bond for Rs.10,000/- (Rupees Ten Thousand only) without sureties to the satisfaction of the Arresting Officer.

8. Call the matter after two months.

sd/- 20/05/2021 / 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, MANAMADURAI SIPCOT POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER IN CRL OP(MD) No.6848 of 2021 Date :20/05/2021 AKV/SSB MS/AKM/SAR-3/28.05.2021/2P.3C https://hcservices.ecourts.gov.in/hcservices/ 2/2