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Madras High CourtCRL OP(MD)/14920/2018granted

Kalaiselvam v. The Inspector Of Police

2018-08-24Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Twenty Fourth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD) No.14920 of 2018 1.KALAISELVAM 2.MUNISAMY ... PETITIONERS / ACCUSED No 1 and 2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE THIRUPULLANI POLICE STATION, RAMANATHAPURAM DISTRICT.

Crime No.107 of 2018 ... RESPONDENT/ COMPLAINANT For Petitioners : Mr.M.BOOPATHI PANDIYAN Advocate For Respondent : Mr.A.P.G. OHM CHAIRMA PRABHU 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, apprehending arrest at the hands of the respondent police for the offences punishable under Sections 353, 379, 307 IPC and Section 21 (i) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.105 of 2018, on the file of the respondent police, 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 first petitioner has since been arrested. Therefore, this original petition is closed as far as he is concerned. The second petitioner is only the owner of the vehicle and he was not actually involved in the occurrence in question.

4. Therefore, this Court is inclined to grant anticipatory bail to the second petitioner with certain conditions. Accordingly, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.1, Ramanathapuram and on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a https://hcservices.ecourts.gov.in/hcservices/

like sum to the satisfaction of the learned Magistrate concerned and on further condition that the second petitioner shall appear before the respondent police as and when required for interrogation. The second petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

5.The second 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/- 24/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO I, RAMANATHAPURAM. 2.THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT. 3.THE INSPECTOR OF POLICE THIRUPULLANI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

+1. CC to Mr.M.BOOPATHI PANDIYAN Advocate SR.No.16019

ORDER

IN CRL OP(MD) No.14920 of 2018 Date :24/08/2018 TK/PN/SAR.2/28.08.2018/2P-6C https://hcservices.ecourts.gov.in/hcservices/