D.Sundhar v. The Sub Inspector Of Police

CRL OP(MD). No.13150 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13150 of 2022 D.Sundhar ... Petitioner/Sole Accused Vs The State rep.by, The Sub Inspector of Police, Natham Police Station, Dindigul District (Crime No. 234 of 2022).

... Respondent/Complainant For Petitioner : M/s. Chandrakumar.A, 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. 234 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.234 of 2022 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner said to have transported 4 units of white stone without having any valid permit, by using vehicle bearing Regn. No.TN 57 BE 9096 Tarrus Lorry. Hence, the complaint.

3. The learned counsel for the petitioner submitted that on proper permit only the petitioner has transported the above said white sand and he has also produced a copy of the permit, wherein the date of permit stated as 14.07.2022 and the time also mentioned as 8.45 am to 11.45 am, but, the respondent police without verifying the same has registered the present complaint.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner is having one previous case and the investigation of the case is pending. https://www.mhc.tn.gov.in/judis 1/2

CRL OP(MD). No.13150 of 2022

5. Considering the facts and circumstances and also considering the fact that the petitioner is having valid permit to transport the sand, this Court is inclined to grant anticipatory bail to the petitioner.

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, Natham, Dindigul District 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/- 21/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1.THE JUDICIAL MAGISTRATE, NATHAM, DINDIGUL DISTRICT. 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3.THE SUB INSPECTOR OF POLICE, NATHAM POLICE STATION, DINDIGUL DISTRICT.

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

+1. CC to M/S. CHANDRAKUMAR.A Advocate SR.No.7502

ORDER

IN CRL OP(MD) No.13150 of 2022 Date :21/07/2022 RK/JM/SAR-III/27.07.2022/2P/6C https://www.mhc.tn.gov.in/judis 2/2