Madras High CourtCRL OP(MD)/9874/2022ordered

Sivakumar v. The Inspector Of Police

2022-06-02Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.9874 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/06/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.9874 of 2022 Sivakumar ... Petitioner/Accused-3 Vs State Represented by The Inspector of Police, Vaiyampatty Police Station, Manapparai, Trichy.

(Crime No.194 of 2022) ... Respondent/Complainant For Petitioner : Mr.R.Muthukumaran, Advocate.

For Respondent : M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No.194/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/3rd Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 IPC and Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.194 of 2022, seeks anticipatory bail.

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

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

4.The learned Government Advocate (Crl. Side) appearing for the respondent would submit that the petitioner had illegally transported two units of red sand without any valid permit. It is fairly admitted that the petitioner is not having any previous case. 5.Considering the submissions made by both sides, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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CRL OP(MD). No.9874 of 2022 6.Accordingly, the petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of the District Mineral Foundation Trust, Trichy District, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate, Manapparai, Trichy District.

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

sd/- 02/06/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAPPARAI, TRICHY DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, VAIYAMPATTY POLICE STATION, MANAPPARAI, TRICHY.

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

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

+1 CC TO Mr.R.Muthukumaran, Advocate (SR-24238[F] dated 02.06.2022) ORDER IN CRL OP(MD) No.9874 of 2022 Date :02/06/2022 RS/SVR/SAR.4 (03.06.2022) 2P-7C https://hcservices.ecourts.gov.in/hcservices/ 2/2