Sarathi@Sarathikumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Second day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13698 of 2018 1 SARATHI@SARATHIKUMAR 2 MUTHUKUMAR ... PETITIONERS / ACCUSED NO 1&2 Vs THE STATE,REP.BY THE INSPECTOR OF POLICE, DEVIPATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT.
(CRIME NO.137 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.S.BASKAR MATHURAM Advocate For MATHURAM LAW ASSOCIATES 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, who are arrayed as accused Nos. 1 and 2 apprehend arrest at the hands of the respondent Police for the offence punishable under Section 379 IPC in Crime No.137 of 2018 seek anticipatory bail.
2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. side) appearing for the respondent.
3. The contraband involved in this case is one unit of Sand. The petitioners are having one previous case. But, the said case is not relating to sand theft.
3. The petitioners undertake to remit a sum of Rs.10,000/- (Rupees Ten Thousand Only) to the concerned District and Mineral Foundation Trust. This amount is non-refundable deposit i.e., if the petitioners are acquitted, the same will not be returned. The petitioners agree to such condition. It is made clear that merely because the petitioners have made such deposit, they shall not be presumed to have admitted his guilt. The learned Trial Magistrate shall decide the matter independently.
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4. 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 No.II, Ramanathapuram and on their 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 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. 5.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/- 02/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE NO- II RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.
2 THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM, RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE DEVIPATTINAM POLICE STATION, RAMANATHAPURAM DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to Mr.S.BASKAR MATHURAM Advocate SR.No.14887 PS/VR-MMS/SAR-1:10/08/2018:2P/6C
ORDER
IN CRL OP(MD) No.13698 of 2018 Date :02/08/2018 https://hcservices.ecourts.gov.in/hcservices/