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Madras High CourtCRL OP(MD)/11883/2018granted

Muthu Prabhu v. The Inspector Of Police

2018-07-13Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Thirteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11883 of 2018 MUTHU PRABHU ... PETITIONER/ACCUSED RANK NOT KNOWN Vs THE STATE REP BY ITS THE INSPECTOR OF POLICE ILAIYANKUDI POLICE STATION, SIVAGANGAI DISTRICT CRIME NO.149/2018 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK 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 petitioner apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 IPC r/w 21(1) Mines and Minerals(Development and Regulation) Act, 1957, in Crime No.149 of 2018, seeks anticipatory bail.

2.Heard the learned counsel appearing for the petitioner. 3.The learned Government Advocate (Crl. Side) appearing for the respondent Police submitted that there are three units of sand involved in this case.

4.Taking note of the large quantity of sand involved, the petitioner shall contribute a sum of Rs.10,000/- to the credit of Hon'be Chief Justice Relief Fund.

5.Subject to this condition, this Court is 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, Ilayankudi 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 https://hcservices.ecourts.gov.in/hcservices/

(i)the petitioner is directed to contribute a sum of Rs.10,000/-(Rupees Ten Thousand only) to the credit of Hon'ble Chief Justice Relief Fund;

(ii)the petitioner shall appear before the respondent police as and when required for interrogation.

(iii)the petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously;

(iv)the petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 13/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, ILAYANKUDI 2 THE CHIEF JUDICIAL MAGISTRATE SIVAGANGAI DISTRICT 3 THE INSPECTOR OF POLICE ILAIYANKUDI POLICE STATION, SIVAGANGAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI Copy to:

THE SECTION OFFICER, ACCOUNTS SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.12970

ORDER

IN CRL OP(MD) No.11883 of 2018 Date :13/07/2018 SMA/CSL/SAR-1/20.07.2018:2P/7c https://hcservices.ecourts.gov.in/hcservices/