Kanakaraj v. The Inspector Of Police
CRL OP(MD). No.12661 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12661 of 2023 Kanakaraj ... Petitioner / Accused No.1 Vs The State represented by The Inspector of Police, Kollidam Police Station, Trichy District.
(Crime No.132/2023.) ... Respondent / Complainant For Petitioner : Mr.Pitchai Muthu.M, 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.132 of 2023 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/1st Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 of I.P.C and 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.132 of 2023 on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 01.07.2023 on secret information, the respondent Police visited the place of occurrence, on seeing the Police party, three persons tried to ran away from the place. The respondent Police arrested one person and from his confession statement, it is found that the accused persons said to have illegally transported river sand. Hence, the complaint.
4. The learned Government Advocate (Crl. Side) for the respondent Police submitted that co-accused has been released on bail on 11.07.2023 and no sand was recovered from the petitioner. https://www.mhc.tn.gov.in/judis 1/2
CRL OP(MD). No.12661 of 2023
5. Considering the fact that co-accused has been released on bail on 11.07.2023, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned District Munsif cum Judicial Magistrate, Srirangam, Trichy 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 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 stands dismissed.
sd/- 12/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
INDU To 1.The District Munsif cum Judicial Magistrate, Srirangam, Trichy District.
2.Do through the Chief Judicial Magistrate, Trichy District.
3.The Inspector of Police, Kollidam Police Station, Trichy District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
ORDER
IN CRL OP(MD) No.12661 of 2023 Date :12/07/2023 ED/MMS/SAR- (17/07/2023) 2P 5C https://www.mhc.tn.gov.in/judis 2/2