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Madras High CourtCRL OP(MD)/15251/2018ordered

Murugan, v. The Inspector Of Police,

2018-08-28Honourable Mr Justice G.K. Ilanthiraiyan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Eighth day of August Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD) No.15251 of 2018 1 MURUGAN 2 CHINNA DURAI ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE STATE REP BY ITS, THE INSPECTOR OF POLICE, KALAKADU POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME.NO.279/2018) ... RESPONDENT / COMPLAINANT For Petitioners : Mr.M.S.JEYAKARTHIK Advocate For Respondent : Mrs.M.ANANTHADEVI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. 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 I.P.C r/w Section 511 I.P.C. in Crime No.279 of 2018, seek anticipatory bail.

2.The case of the prosecution is that on 20.08.2018, the respondent police conducted usual vehicle check up, at that time, they found that the accused persons tried to take river sand without having any permission. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent persons. They did not commit any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that the petitioners had tried to take the river sand. He further submitted that the first petitioner is having one previous case and the second petitioner is having two previous cases.

https://hcservices.ecourts.gov.in/hcservices/ 6.Taking note of the facts and circumstances, 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, Nanguneri and on their 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 on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter as and when required for interrogation. 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 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

sd/- 28/08/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE ,NANGUNERI.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

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

PS/RR/SAR-1:06/09/2018:2P/5C

ORDER

IN CRL OP(MD) No.15251 of 2018 Date :28/08/2018 https://hcservices.ecourts.gov.in/hcservices/