Madras High CourtCRL OP(MD)/12485/2019partly allowed

Rajagopal v. The Sub Inspector Of Police

2019-09-06Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.12485 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12485 of 2019

1. Rajagopal

2. Thangadurai ... Petitioners/Accused A1 & A2 Vs The State rep.by The Sub Inspector of Police, Thalaiyuthu Police Station, Tirunelveli District, Cr No. 328/2019.

... Respondent/Complainant For Petitioner : M/s. S. Sundarapandian, Advocate.

For Respondent : A.Robinson, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No. 328 /2019 on the file of the respondent police .

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioners apprehending arrest at the hands of the respondent police for the offence under section 379 of I.P.C., in Crime No.328 of 2019, seek anticipatory bail. 3.The case pertains to illegal transportation of half unit of river sand. The second petitioner is having one previous case. Therefore, this criminal original petition is allowed as far as the first petitioner and as regards the second petitioner, this criminal original petition stands dismissed.

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CRL OP(MD). No.12485 of 2019

4. Taking note of the facts and circumstances of the case, I am inclined to grant anticipatory bail to the first petitioner with certain conditions. 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.III, Tirunelveli, 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.

5. 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/- 06/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, TIRUNELVELI.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THIRUNELVELI DISTRICT.

3 THE SUB INSPECTOR OF POLICE, THALAIYUTHU POLICE STATION, TIRUNELVELI DISTRICT.

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

ORDER

IN CRL OP(MD) No.12485 of 2019 Date :06/09/2019 SDS/SKN/SAR-4/17.09.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2