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Madras High CourtCRL OP(MD)/12993/2022granted

T.Rayappan v. The Inspector Of Police

2022-07-19Honourable Mr Justice G.Ilangovan2 pages

CRL OP(MD). No.12993 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12993 of 2022 T.Rayappan ... Petitioner/Accused No.1 Vs The State Rep. By, The Inspector of Police, Sirganur Police Station, Trichy District.

Crime. No.180 of 2022.

... Respondent/Complainant For Petitioner : M/s.Mohan Gandhi S.M, 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.180 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 & 511 of I.P.C and 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.180 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused made an attempt to take gravel sand from the patta land, which is nearby Maruthi Cement Company, Akkaraipatti Village by using Tipper Lorry and JCB. Hence, the complaint. 3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have not committed any offence as alleged by the prosecution.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the vehicles have been recovered. He would further submit that the petitioner is not having previous cases.

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

CRL OP(MD). No.12993 of 2022 5.Considering the nature of charges levelled against the petitioner and also the fact that no bad antecedents is reported against the petitioner, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Lalgudi, on condition that the petitioner shall execute 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 the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

7. The petitioner 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 stands dismissed.

sd/- 19/07/2022 / 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, LALGUDI.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, SIRGANUR POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.12993 of 2022 Date :19/07/2022 dss USK/SVR/SAR-I/28.07.2022/2P/5C https://www.mhc.tn.gov.in/judis 2/2