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Madras High CourtCRL OP(MD)/12080/2018granted

Mahendran v. The Inspector Of Police

2018-07-17Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Seventeenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12080 of 2018 1 MAHENDRAN 2 KALIRAJ ... PETITIONERS/ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE SATTUR TALUK POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT, IN CRIME NO.118 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.P.SARAVANAKUMAR Advocate For Respondent : MR.A.ROBINSON, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Sections 379 I.P.C r/w Section 21(1) of Mines and Minerals Act, in Crime No.118 of 2018, seeks anticipatory bail.

2.Heard the learned counsel for the petitioner. 3.The learned Government Advocate (Criminal side) submitted that the first petitioner is having one previous case to his credit. The second petitioner is not having any previous case. 4.Taking note of the fact that the first petitioner is having one previous case, this Court is not inclined to anticipatory bail to the first petitioner. Accordingly, this Criminal Original Petition is dismissed as regards the first petitioner is concerned. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the second petitioner with certain conditions. Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, https://hcservices.ecourts.gov.in/hcservices/

Sattur 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 second petitioner shall appear before the respondent police as and when required for interrogation. The second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.The second 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/- 17/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE SATTUR TALUK POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.P.SARAVANAKUMAR Advocate SR.No.13257

ORDER

IN CRL OP(MD) No.12080 of 2018 Date :17/07/2018 SMA/JC/SAR-1/23.07.2018:2P/6C https://hcservices.ecourts.gov.in/hcservices/