Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Third day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.13825 of 2018 MANIKANDAN ... PETITIONER/ACCUSED No.1 Vs STATE REP.BY, THE INSPECTOR OF POLICE, PANAGUDI POLICE STATION, IN CR.NO. 185/2018, TIRUNELVELI DISTRICT. ... RESPONDENT/COMPLAINANT For Petitioner : MR.C.SUSI KUMAR, 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, who is arrayed as accused No.1, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 379 IPC and 21(i) of Mines and Minerals Act, in Crime No.185 of 2018, on the file of the respondent police, seeks anticipatory bail.

2.The learned counsel for the petitioner submits that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution.

3.The petitioner undertakes to remit a sum of Rs.5,000/- (Rupees Five Thousand only) to the concerned Mineral Foundation Trust. It is not a refundable remittance. The same will not be returned to the petitioner even after he is acquitted. Like wise the payment of such amount does not mean admission of guilt on the part of the petitioner. The learned Magistrate shall independently decide the matter on its own merits.

4.Heard the learned Government Advocate (Crl.side) appearing for the State https://hcservices.ecourts.gov.in/hcservices/

5.Recording the said undertaking and taking into consideration of the facts and circumstances of the case, 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, Valliyoor and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties 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 is made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 03/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR, TIRUNELVELI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE PANAGUDI POLICE STATION, TIRUNELVELI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.M.SUBASH BABU, Advocate SR.No.15158

ORDER

IN CRL OP(MD) No.13825 of 2018 Date :03/08/2018 PK/RR/SAR-4/11.08.2018 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/