Mokkai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/09/2021 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.13930 of 2021

1. Mokkai

2. Muthuraja ... Petitioners/Petitioners/Accused No.1 & 2 Vs The State represented by the Inspector of Police, Chekkanoorani Police Station, Madurai District.

(Crime No.488 of 2019).

... Respondent/Complainant For Petitioner : M/s.Pitchai Muthu.M, Advocate. For Respondent : M/s.E.Antony Sahaya Prabhakar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 488 of 2019 on the file of the Respondent Police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of I.P.C., r/w Section 21(5) of Mines and Minerals (Development and Regulation)Act, in Crime No.488 of 2019 on the file of the respondent police, seek anticipatory bail.

3. The petitioners were earlier granted anticipatory bail vide order dated 16.12.2019. It appears that they did not furnish sureties or execute bond within time. That has necessitated filing of this petition.

4. In view of the above, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.II, Usilampatti, 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.

5. 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/- 20/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.IV) 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 NO.II, USILAMPATTI.

2. THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3. THE INSPECTOR OF POLICE, CHEKKANOORAQNI POLICE STATION, MADURAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.13930 of 2021 Date :20/09/2021 SP/JC/SAR IV/27/09/2021/3P/5C