Kalimaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 07.07.2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN K.Kalimaran ... Petitioner/Accused Rank not known Vs.

State Rep. by The Inspector of Police, Vattathikottai Police Station, Thanjavur District.

(Crime No.451 of 2023).

... Respondent/Complainant For petitioner : Mr.Dhilipan Pandian.R.L Advocate.

For Respondent : Mr.S.Manikandan Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail Crime No.451 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused rank not known, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 I.P.C r/w 1/4

Sections 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.451 of 2023 on the file of the respondent Police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has illegally transported 1/2 unit of river sand by using tractor. 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 1/2 unit of river sand illegally by using tractor. He further submitted that one previous case is pending against the petitioner herein.

5. Considering the facts and circumstance of this case and the nature of offence, 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 2/4

learned Judicial Magistrate, Pattukkottai, Thanjavur 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/- 07/07/2023 / TRUE COPY / / 07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

indu TO

1. THE JUDICIAL MAGISTRATE, PATTUKKOTTAI, THANJAVUR DISTRICT, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR @ KUMBAKONAM.

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3. THE INSPECTOR OF POLICE, VATTATHIKOTTAI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN Date :07/07/2023 RK /DD(21/07/2023) 4P /5 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4