A.Murugan 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.12500 of 2018 1 A.MURUGAN 2 S.MATHAN ... PETITIONERS/ACCUSED No.1 & 2 Vs STATE REP BY THE INSPECTOR OF POLICE ALWARKURICHI POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.196/2018 ... RESPONDENT/COMPLAINANT For Petitioners : M/S.I.PINAYGASH 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 petitioners apprehend arrest at the hands of the respondent police for the offence punishable under Section 379 I.P.C. in Crime No.196 of 2018, seek anticipatory bail.

2.Heard the learned counsel for the petitioners. 3.The learned Government Advocate (Criminal side) for the respondent submits that in this case involves 1 1⁄2 unit of sand. 4.In view of the rehabilitation undertaken under the Tamil Nadu District Mineral Foundation Rules, 2017, and in order to curb the illegal sand mining activities, this Court directs the petitioners jointly to deposit a sum of Rs.5000/- (Rupees five thousand only) to the credit of the concerned District Mineral Foundation Trust, without prejudice to their rights and contentions before the trial Court.

5.Merely, because the petitioners have deposited the said amount, it would not amount to admission of their guilt. Therefore, it is open to the trial Court to deal with the case independently. https://hcservices.ecourts.gov.in/hcservices/

6.Subject to this condition, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate, Ambasamudram and on their executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only), with two common sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions 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 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, AMBASAMUDRAM 2 THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE ALWARKURICHI POLICE STATION, TIRUNELVELI DISTRICT, 4 THE OFFICER INCHARGE DISTRICT MINERAL FOUNDATION TRUST, TIRUNELVELI DISTRICT 5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.I.PINAYGASH Advocate SR.No.13714

ORDER

IN CRL OP(MD) No.12500 of 2018 Date :23/07/2018 SMA/RR/SAR-4/30.07.2018:2P/7c https://hcservices.ecourts.gov.in/hcservices/