← Library
Madras High CourtCRL OP(MD)/11928/2022granted

Selvaraj @ Selvaraj Thangaiyan v. The Inspector Of Police

2022-07-04Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.11928 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.11928 of 2022

1. Selvaraj @ Selvaraj Thangaiyan

2. Stephen

3. Sajeevkumar @ Saji Kumar ... Petitioners/Accused 2,4 & 5 Vs The State rep.by, The Inspector of Police, Koodankulam Police Station, Tirunelveli Crime No.268 of 2022.

... Respondent/Complainant For Petitioners : MR.T.Lenin Kumar, Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.268 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC r/w 21(1) of Tamil Nadu Mines and Minerals Development and Regulation Act, 1957, in Crime No.268 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners said to have illegally transported 10 Units of M-Sand. Therefore, the present case came to be registered.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been been falsely implicated in this case. He would further submit that the petitioners are having valid licence to transport the M-sand and on the date of occurrence alone, the petitioners have not possessed relevant documents to transport M-sand.

https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.11928 of 2022

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that no previous case pending against the petitioners herein.

5.Considering the facts and the circumstances of this case and the antecedents of the petitioners, this Court is inclined to grant bail to the petitioners, however, with stringent conditions. 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Radhapuram, and on his executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only)each, with two sureties, each for a like sum to the satisfaction of the learned Magistrate concerned; and the petitioners shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 04/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE JUDICIAL MAGISTRATE,RADHAPURAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.

3 THE INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.T.LENIN KUMAR Advocate SR.No.6554.

ORDER

IN CRL OP(MD) No.11928 of 2022 Date :04/07/2022 TTA MK/PN/SAR.I/12.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2