Anand v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN
1. Ananth
2. Murugan ... Petitioners/Accused Rank No.1 & 2 Vs The State rep.by, The Inspector of Police, Salaigramam Police Station, Sivagangai District.
(Crime No.63/2023)..
... Respondent/Complainant For Petitioners : M/s.Saravanan K, 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 in Crime No.63 of 2023 on the file of the Respondent Police. ORDER : The Court made the following order :- 1/4
The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC and r/w 21(4) of Mines and Minerals Development and Regulation Act, 1957, in Crime No.63 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioners said to have illegally tried to transport Savudu Sand. Therefore, the present case came to be registered.
3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been been falsely implicated in this case. He would further submit that the petitioners along with the other accused persons took the sand in Survey No.243, which belongs to one Selvi.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that no previous case pending against the second petitioner herein and two previous cases are pending against first petitioner, which are not similar in nature.
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5. Considering the facts and the circumstances of this case and the antecedents of the petitioners, this Court is inclined to grant bail to the petitioners, however, with stringent conditions.
6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate Court, Ilaiyangudi, Sivagangai District, and on his 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 the petitioners shall appear before the respondent police on every Saturday at 10.30 am until further orders. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 7.The petitioners shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed. sd/- 18/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
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TO 1.THE JUDICIAL MAGISTRATE , ILAIYANGUDI, SIVAGANGAI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI.
3.THE INSPECTOR OF POLICE, SALAIGRAMAM POLICE STATION, SIVAGANGAI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.SARAVANAN K Advocate SR.No.10898
ORDER
IN CRL OP(MD) No.12577 of 2023 Date :18/07/2023 RK (03/08/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4