Ambalakannu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12482 of 2018 AMBALAKANNU ... PETITIONER / SOLE ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

Crime NO.166 of 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.D.VENKATESH Advocate For Respondent : Mr.A.ROBINSON Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Section 379 (Sand) IPC in Crime No.166 of 2018, seeks anticipatory bail. 2.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

3.The quantity of sand involved is quarter unit. The learned counsel appearing for the petitioner undertakes that the petitioner shall deposit a sum of Rs.5,000/- to the credit of concerned District Mineral Foundation Trust, without prejudice to his rights and contentions before the trial Court.

4.Recording the undertaking given by the learned counsel appearing for the petitioner, this Court is inclined to grant anticipatory bail to the 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, Nanguneri 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 https://hcservices.ecourts.gov.in/hcservices/ (i)the petitioner is directed to deposit a sum of

Rs.5,000/-(Rupees Five Thousand only) to the credit of concerned District Mineral Foundation Trust, without prejudice to his rights and contentions before the trial Court.

(ii)the petitioner shall appear before the respondent police as and when required for interrogation. (iii)the petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously; (iv)the petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy is made ready, failing which, the petition for anticipatory bail shall stand dismissed. sd/- 23/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, NANGUNERI.

2.THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12482 of 2018 Date :23/07/2018 TK/MMS/VK/30.07.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/