Madras High CourtCRL OP(MD)/12801/2018granted

Kanagaraj v. The Sub-Inspector Of Police

2018-07-24Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Fourth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.12801 of 2018 KANAGARAJ ... PETITIONER/ACCUSED NO.3 Vs THE STATE REPRESENTED BY, THE SUB-INSPECTOR OF POLICE ALANKULAM POLICE STATION, VIRUDHUNAGAR DISTRICT.

CRIME NO.139/2018 ... RESPONDENT/ COMPLAINANT For Petitioner : MR.A.KESAVAN 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 offence punishable under Section 379 of I.P.C., and Section 41(1)(1A) and 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.139 of 2018, on the file of the respondent police, seeks anticipatory bail.

2. The learned Government Advocate(Crl. Side) submitted that the petitioner is having one previous case.

3. The quantity of sand involved is small. The learned counsel appearing for the petitioner submits that the petitioner undertakes to contribute a sum of Rs.5,000/- to the Hon'ble Chief Justice Relief Fund.

4. Recording the said undertaking given by 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 No.II, Sathur, Virudhunagar District, and 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 deposit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the Hon'ble Chief https://hcservices.ecourts.gov.in/hcservices/

Justice Relief Fund, Madurai Bench of Madras High Court, Madurai. 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. 5.The petitioner 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/- 24/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.II, SATHUR 2 THE CHIEF JUDICIAL MAGISTRATE VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE SUB-INSPECTOR OF POLICE ALANKULAM POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

COPY TO : THE SECTION OFFICER, ACCOUNT SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.A.KESAVAN Advocate SR.No.13780 PMU GJM/VR/SAR-4-27.7.18-2P-7C

ORDER

IN CRL OP(MD) No.12801 of 2018 Date :24/07/2018 https://hcservices.ecourts.gov.in/hcservices/