Madras High CourtCRL OP(MD)/12291/2019partly allowed

Rajalingam v. The Sub Inspector Of Police

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

CRL OP(MD). No.12291 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.12291 of 2019

1. Rajalingam

2. Rajasekar ... Petitioners/Accused No.1 & 2 Vs The State rep.by, The Sub Inspector of Police, Vangal Police Station, Karur District.

(Crime No.134 of 2019). ... Respondent/Complainant For Petitioner : M/s. T. Lenin Kumar, 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.134 of 2019 on the file of the respondent ORDER : The Court Made the following order :- The petitioners are apprehending arrest at the hands of the respondent Police for the offence under Section 21(1) of Tamil Nadu Mines and Minerals Development and Regulation Act, 1957 r/w Section 379 of IPC.

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

3.The vehicle belongs to the first petitioner and the same was driven by the second petitioner. The defacto complainant seized the vehicle on 01.06.2019 at about 09.30 a.m, and the vehicle was containing about six units of river sand.

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CRL OP(MD). No.12291 of 2019 3.It is seen that the first petitioner is only the vehicle owner. The vehicle as well as the mineral has since been seized. 4.The petitioner's counsel sates that the second petitioner will surrender before the respondent Police on or before 11.09.2019. 5.In view of the undertaking given by the petitioner's counsel, on instructions, this Court grants anticipatory bail to the first petitioner, while denying the same for the second petitioner. Accordingly, the first petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.II, Karur and on his executing 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 on further condition that the first petitioner shall appear before the respondent police as and when required for interrogation. The first petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 6.The first 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 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 NO.II, KARUR 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR 3.THE SUB INSPECTOR OF POLICE, VANGAL POLICE STATION, KARUR DISTRICT.

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

+1. CC to M/S.T.LENIN KUMAR Advocate SR.No.14678

ORDER

IN CRL OP(MD) No.12291 of 2019 Date :03/09/2019 RMI PK/MMS/SAR-1/09.09.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2