← Library
Madras High CourtCRL OP(MD)/9960/2020allowed

Sathiyamoorthy v. The Inspector Of Police

2020-09-18Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/09/2020 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.9960 of 2020 Sathiyamoorthy ... Petitioner/Accused No.1 Vs.

State rep. by its The Inspector of Police, Thanjavur Taluk Police Station, Thanjavur District.

Cr.No.30 of 2020. ... Respondent/Complainant For Petitioner : M/s.G.Karnan, Advocate.

For Respondent : A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.30 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent. 2.The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Section 379 I.P.C. r/w Section 21 (1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.30 of 2020, on the file of the respondent police, seeks anticipatory bail.

3.Earlier, the petitioner filed an anticipatory bail petition and the same was dismissed by citing his bad antecedents. 4.The learned counsel appearing for the petitioner states that the contraband is just half unit and the petitioner gives an undertaking that he will be of good behaviour. The petitioner gives further undertaking that he will pay a sum of Rs.10,000/- which can be spent for the welfare of the respondent police station. https://hcservices.ecourts.gov.in/hcservices/

5.Recording this undertaking, I am inclined to grant anticipatory bail to 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, Thanjavur District 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 the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6. The petitioner shall appear before the concerned Magistrate within a period of eight weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 18/09/2020 / TRUE COPY / / /2020 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.II, THANJAVUR.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE INSPECTOR OF POLICE, THANJAVUR TALUK POLICE STATION, THANJAVUR DISTRICT.

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

ORDER IN CRL OP(MD) No.9960 of 2020 Date :18/09/2020 GNS TE/JC/SAR-II : 23/09/2020 : 2P/5C https://hcservices.ecourts.gov.in/hcservices/