Karuppasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.11703 of 2018 1 KARUPPASAMY 2 KATHIRESAN ... PETITIONERS/ACCUSED 2 & 4 Vs STATE REP BY THE INSPECTOR OF POLICE SATTUR TK POLICE STATION, SATTUR, VIRUDHUNAGAR DISTRICT CRIME No.158 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 are apprehending arrest at the hands of the respondent police for the offences punishable under Sections 379 I.P.C r/w 21(1) of Mines and Minerals Act, in Crime No.158 of 2018, seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioners. 3.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the first petitioner is having five previous cases and all of them pertaining to sand theft. The second petitioner is having two previous cases to his credit. 4.Taking note of the bad antecedents of the first petitioner, this Court is not inclined to grant anticipatory bail to him. Accordingly, this Criminal Original Petition is dismissed as regard the first petitioner is concerned.

5.The learned counsel appearing for the petitioners undertakes that the second petitioner shall deposit a sum of Rs.10,000/-(Rupees ten thousand only) to the credit of Hon'ble Chief Justice Relief Fund.

6.Recording the undertaking given by the learned counsel appearing for the petitioners, 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, Sattur 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 (i)the second petitioner is directed to deposit a sum of Rs.10,000/-(Rupees Ten Thousand only) to the credit of Hon'ble Chief Justice Relief Fund;

(ii)the second petitioner shall appear before the respondent police as and when required for interrogation. (iii)the second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously; (iv)the second 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/- 12/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, SATTUR, VIRUDHUNAGAR DISTRICT 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE SATTUR TK POLICE STATION, SATTUR, VIRUDHUNAGAR 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.P.SARAVANAKUMAR Advocate SR.No.12921

ORDER

IN CRL OP(MD) No.11703 of 2018 Date :12/07/2018 SMA/CSL/SAR-2/20.07.2018:2P/7c