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Madras High CourtCRL OP(MD)/11825/2018granted

Balu @ Balasubramanian 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.11825 of 2018 BALU @ BALASUBRAMANIAN ... PETITIONER/ACCUSED No.2 Vs STATE REP BY THE INSPECTOR OF POLICE MAYANOOR POLICE STATION, KARUR CRIME No.144 OF 2018 ... RESPONDENT/COMPLAINANT For Petitioner : M/S.AN.RAMANATHAN 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.144 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 the quantity of sand involved is four units. The petitioner is a vehicle owner. There is no previous case against the petitioner.

4.The learned counsel for the petitioner undertakes that the petitioner shall contribute a sum of Rs.10,000/- to the credit of Hon'be Chief Justice Relief Fund.

5.Recording the undertaking given by the learned counsel appearing for the petitioner, 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 No.II, Kulithalai and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two https://hcservices.ecourts.gov.in/hcservices/

sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that (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 NO.II, KULITHALAI 2 THE CHIEF JUDICIAL MAGISTRATE KARUR DISTRICT 3 THE INSPECTOR OF POLICE MAYANOOR POLICE STATION, KARUR 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.AN.RAMANATHAN Advocate SR.No.12933

ORDER

IN CRL OP(MD) No.11825 of 2018 Date :13/07/2018 SMA/CSL/SAR-2/20.07.2018:2P/7c https://hcservices.ecourts.gov.in/hcservices/