Balamurugan v. The Inspector Of Police

CRL OP(MD). No.13586 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.13586 of 2022 Balamurugan ... Petitioner/Accused-Rank Not Known Vs State Rep.by The Inspector of Police, Anjugramam Police Station, Kanyakumari District.

Crime No.191 of 2022.

... Respondent/Complainant For Petitioner : M/s.C.Susi 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.191 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 r/w Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.191 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner has illegally transported 1 Unit of M-sand by using TATA 407 Vehicle. Therefore, the present case came to be registered. 3.The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

4.The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner has transported 1 Unit of M-sand illegally by using Tractor. He further submitted that there is no previous case pending against the petitioner herein. 5.Considering the nature of the mineral involved and the antecedents of the petitioner this Court is inclined to grant anticipatory bail to the petitioners.

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CRL OP(MD). No.13586 of 2022 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.III, Nagercoil, 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/- 27/07/2022 / TRUE COPY / /08/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, NAGERCOIL 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE, ANJUGRAMAM POLICE STATION, KANYAKUMARI DISTRICT.

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

ORDER

IN CRL OP(MD) No.13586 of 2022 Date :27/07/2022 RS/SVR/SAR.3 (03.08.2022) 2P-5C https://www.mhc.tn.gov.in/judis 2/2