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Madras High CourtCRL OP(MD)/13079/2018granted

B.Vinothkumar, v. The Sub Inspector Of Police,

2018-07-27Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Seventh day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13079 of 2018 B.VINOTHKUMAR, ... PETITIONER / ACCUSED NO.2 Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE, KEELASEVALPATTI POLICE STATION, SIVAGANGAI DISTRICT, IN CRIME NO.59 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.BALAMURUGAN 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 apprehends arrest at the hands of the respondent Police for the offences under Section 379 of I.P.C r/w. Section 21

(4) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.59 of 2018 and seeks anticipatory bail. 2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent.

3.The petitioner is not having any previous case to his credit. The main accused has been arrested in this case. 4.Taking note of the fact that the petitioner is not having any bad antecedent and also he is only a driver. He undertakes that he would contribute a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the concerned District Mineral Foundation Trust, which shall be non-refundable notwithstanding the out come of the criminal case. Merely because the petitioner has deposited the said amount, it would not amount to admission of his guilt. The trial Court shall deal with the case independently.

5.Recording the 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 https://hcservices.ecourts.gov.in/hcservices/

released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Thirupattur, Sivagangai District, 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 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.

6.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/- 27/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, THIRUPATTUR,SIVAGANGAI DISTRICT.

2 -DO- THRO THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE SUB INSPECTOR OF POLICE, KEELASEVALPATTI POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to M/S.S.BALAMURUGAN Advocate SR.No.14276

ORDER

IN CRL OP(MD) No.13079 of 2018 Date :27/07/2018 TSG MV:JC:SAR1:02/08/18/2P/6C https://hcservices.ecourts.gov.in/hcservices/