Madras High CourtCRL OP(MD)/9815/2022ordered

Ganesan v. The Inspector Of Police

2022-06-01Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD) No.9815 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the First day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD) No.9815 of 2022 1 GANESAN 2 KANNAN ... PETITIONERS/ACCUSED (RANK NOT KNOWN) Vs STATE REP.BY THE INSPECTOR OF POLICE, BALAMEDU POLICE STATION, MADURAI DISTRICT.

CR.NO.87/2022 ... RESPONDENT/COMPLAINANT For Petitioner : MR.T.PALANISAMY, Advocate For Respondent : MR.M.MUTHUMANIKKAM, Govt.Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.87/2022 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC and Section 21(1) of the Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.87 of 2022, seek anticipatory bail.

2.The case of the prosecution is that the accused had illegally transported three units of red sand without any valid permit. Hence, the complaint.

3.On the side of the petitioners, it is stated that the petitioners are not connected with the offence and that the petitioners are not having any previous case. Hence, he prays to release them on anticipatory bail.

4.The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioners had illegally transported three units of red sand without any valid permit. It is fairly admitted that the petitioners are not having any previous case.

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CRL OP(MD) No.9815 of 2022 5.Considering the submissions made by both sides, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners shall pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of the District Mineral Foundation Trust, Madurai District, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate, Vadipatti.

7.On production of such receipt/acknowledgment, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Vadipatti, 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 Judge concerned and the petitioners shall appear before the respondent police daily at 10.30 am until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 8.The petitioners shall appear before the concerned Judge within a period of fifteen days from the date, on which the order copy is made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 01/06/2022 / TRUE COPY / / /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, BALAMEDU POLICE STATION, MADURAI DISTRICT.

4 THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, MADURAI DISTRICT.

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

ORDER IN CRL OP(MD) No.9815 of 2022 Date :01/06/2022 RS/PN/SAR.4 (02.06.2022) 2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2