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Madras High CourtCRL OP(MD)/10684/2019ordered

A.K.Rajaguru v. The Sub Inspector Of Police

2019-09-03Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.10684 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2019 PRESENT The Hon'ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.10684 of 2019

1. A.K.Rajaguru,

2. A.K.Sankar @ Sankar Raj, ... Petitioners/Accused Nos.1 & 2 Vs State Rep. through The Sub Inspector of Police, K.V. Nallur Police Station, Tirunelveli District.

Crime No. 257 of 2019.

... Respondent/Complainant For Petitioner : M/s.D.Sadiq Raja, Advocate.

For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.257 of 2019 on the file of the Respondent Police.

ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent Police for the offence under Section 21(1) of Mines and Minerals (Development and Regulation Act), 1957. They seek anticipatory bail.

2.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl.side) appearing for the respondent Police.

3.It is seen that the petitioners were granted license to quarry mineral.

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CRL OP(MD). No.10684 of 2019 4.The case of the prosecution is that the petitioner had quarried far in excess of the licensed limit. 5.I am of the view that the arrest of the petitioner is not going to advance the investigation. The entire case is based on documentary evidence. Hence, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate Court, Sankarankovil 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 as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

6.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/- 03/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, SANKARANKOVIL.

2.DO THRO'THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3.THE SUB INSPECTOR OF POLICE, K.V. NALLUR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.D.SADIQ RAJA, Advocate ( SR-14642[I] dated 03/09/2019 )

ORDER

IN CRL OP(MD) No.10684 of 2019 Date :03/09/2019 rmi AE/MMS/SAR-I (09.09.2019) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2