Anand v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/07/2021 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.8786 of 2021
1. Anand
2. Manickasundaram ... Petitioners No.1&2/ Accused No.1&2 Vs The State Rep. by The Inspector of Police, Lalapet Police Station, Lalpet, Karur District.
Crime No.300 of 2019. ... Respondent/Complainant For Petitioners : Mr.Vishnu.V, Advocate.
For Respondent : Mr.T.Senthilkumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.300 of 2019 on the file of the Respondent Police.
ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl.Side) appearing for the respondent.
2. The petitioners apprehending arrest at the hands of the respondent police for the offences under section 379 of I.P.C. and Sections 21(1) and 21(5) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.300 of 2019, on the file of the respondent police, seek anticipatory bail.
3.The petitioners had earlier filed Crl.O.P.(MD) No.126 of 2020. Vide order dated 07.01.2020, anticipatory bail was granted
recording the undertaking of the petitioners that they would deposit a sum of Rs.22,500/- (Rupees Twenty Two Thousand and Five Hundred only) each as non refundable deposit to the credit of the concerned District Mineral Foundation Trust. The petitioners subsequently filed Crl.M.P.(MD)No.1791 of 2020 seeking extension of time. That was allowed on 25.02.2020. But till then, the petitioners have not honoured the undertaking, instaead, they filed this second petition for anticipatory bail.
4.The learned Government Advocate (Crl. Side) brings to the notice of this Court about the condition imposed on the petitioners on the earlier occasion.
5.The learned counsel for the petitioners on instructions informs the Court that they would abide by the undertaking earlier given. He gives a further undertaking that the petitioners will not file any more petition for extension of time. 6.Recording said undertakings, anticipatory bail is granted to the petitioners with certain conditions. The petitioners undertake to deposit a sum of Rs.22,500/- (Rupees Twenty Two Thousand and Five Hundred only) each as non refundable deposit to the credit of the concerned District Mineral Foundation Trust and on such deposit, they are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Kulithalai, and on their executing a bond for a sum of Rs.
10,000/- (Rupees Ten thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.
7. The petitioners 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/- 06/07/2021 / 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 JUDICIAL MAGISTRATE No.I, KULITHALAI.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.
3. THE INSPECTOR OF POLICE, LALAPET POLICE STATION, LALPET, KARUR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:- THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, KARUR DISTRICT.
ORDER
IN CRL OP(MD) No.8786 of 2021 Date :06/07/2021 IAS TE/MNR/SAR-III : 08/07/2021 : 3P/6C