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Madras High CourtCRL OP(MD)/9684/2022granted

Seenivasan v. The Inspector Of Police

2022-08-02Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.9684 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.9684 of 2022 1 Seenivasan 2 Rajesh ... Petitioners/Accused Rank Not Known Vs State Rep.by The Inspector of Police, Palamedu Police Station, Madurai District.

Crime.No.82 of 2022.

... Respondent/Complainant For Petitioners : M/s.Kishok Kumar V.S., Advocate.

For Respondent : Mr.P.Kottaichamy Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.82 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 420 and 379 IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act,, 1957, in Crime No.82 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners are said to have illegally transported three units of Red sand by using Lorry. Hence, the complaint.

3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. He has also produced a trip sheet which was submitted by the petitioners wherein it is seen that permission was granted upto to 21st May 2022 and the time is also mentioned as 2.30 pm., to 3 hours.

4.The learned Government Advocate (Crl. Side) for the respondent police submitted that the investigation of the case is pending.

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CRL OP(MD). No.9684 of 2022 5.Considering the fact that within the permitted time the interception has not been taken by the respondent, this Court is inclined to grant anticipatory bail to the petitioners. 6.Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Vadipatti on condition that the petitioners shall execute 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 the petitioners shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition 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 stands dismissed.

sd/- 02/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VADIPATTI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, PALAMEDU POLICE STATION, MADURAI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.9684 of 2022 Date :02/08/2022 TRP RS/JM/SAR.4 (08.08.2022) 2P-5C https://www.mhc.tn.gov.in/judis 2/2