N.Kannan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirty First day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13492 of 2018 N.KANNAN ... PETITIONER / ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE, SRIVAIGUNDAM POLICE STATION, TUTICORIN DISTRICT.

CRIME NO.55 OF 2018 ... RESPONDENT / COMPLAINANT For Petitioner : Mr.M.VEILKANI RAJU Advocate For Respondent : Mr.A.ROBINSON, Government 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 3 of TNPPDL Act in Crime No.55 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 undertakes to remit a sum of Rs.5,000/- (Rupees Five Thousand only) to the credit of the concerned District Mineral Foundation Trust. This amount is a non-refundable deposit i.e., if the petitioner is acquitted, the same will not be returned. The petitioner agrees for such condition. It is made clear that merely because the petitioner has made such deposit, he shall not be presumed to have admitted his guilt. The learned Trial Magistrate shall decide the matter independently.

4.Subject to this condition, 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, Srivaikundam, 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 https://hcservices.ecourts.gov.in/hcservices/

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.

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/- 31/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE, SRIVAIGUNDAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT.

3. THE INSPECTOR OF POLICE, SRIVAIGUNDAM POLICE STATION, TUTICORIN DISTRICT.

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

6. THE OFFICER INCCHARGE, DISTRICT MINERAL FOUNDATION TRUST FUND, TUTICORIN DISTRICT.

+1. CC to Mr.M.VEILKANI RAJU Advocate SR.No.14549

ORDER

IN CRL OP(MD) No.13492 of 2018 Date :31/07/2018 MS/PN/SAR-1/09.08.2018/2P.7C https://hcservices.ecourts.gov.in/hcservices/