Sankar v. The Inspector Of Police
CRL OP(MD). No.13057 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/08/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13057 of 2022 Sankar ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Munnerpallam Police Station, Tirunelveli District.
Crime No.186/2022.
... Respondent/Complainant For Petitioner : Mr.K.K.Ramakrishnan, Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :-For Anticipatory Bail in Crime No.186 of 2022 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 I.P.C, in Crime No.186 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 14.07.2022 at about 03.45AM, on secret information, the defacto complainant along with his officials conducted vehicle search and found that in a tipper lorry bearing registration No.TN 69 BE 4799, in which, seven units of baby blue metal jelly was found and on enquiry, it was found that the vehicle was taken from MM Quarry, which belongs to the petitioner and in that quarry also a vehicle bearing registration No.TN 10AZ 3502 was also loaded with 1⁄4 unit of baby blue metal jelly. The lorry driver and other persons ran away from the scene of crime. Hence, the complaint has been lodged against the petitioners for their possession of minerals without any valid permit. https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.13057 of 2022 3.The learned counsel for the petitioner submitted that the petitioner is an innocent and a false case has been foisted against the petitioner.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner has transported 1⁄4 unit of mineral illegally. He further submitted that there is no previous case pending against the petitioner herein.
5. Considering the nature of the mineral involved, that the petitioner is not having any previous case at his credit, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.V, Tirunelveli, 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/- 04/08/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT.
3 THE INSPECTOR OF POLICE, MUNNERPALLAM POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.K.K.RAMAKRISHNAN, Advocate ( SR-8167[I] dated 04/08/2022 ) ORDER IN CRL OP(MD) No.13057 of 2022 Date :04/08/2022 PNM MK/VR/SAR.I/16.08.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2