Mariappan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.M.Mariappan 2.M.Ayyappan ... Petitioners/Accused Nos.1 and 2 Vs State represented by The Sub Inspector of Police, Seithur Police Station, Virudhunagar District.

(In Crime No.152 of 2023) ... Respondent/Complainant For Petitioners :

M/s.K.Sathish Kumar, Advocate For Respondent :

Mr.B.Nambiselvan Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.152 of 2023 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners / Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 of IPC read with Section 21(1)of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.152 of 2023 on the file of the respondent police, seek anticipatory bail. 1/3

2. The case of the prosecution is that on 17.06.2023 at about 6.30 a.m., the petitioner were illegally transported one unit of vandal sand in a tractor. Hence the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution. They have been falsely implicated in this case. Therefore, seek for the relief of anticipatory bail.

4. The learned Additional Public Prosecutor would submit that the petitioners 1 and 2 / Accused Nos.1 and 2 are not having any previous case.

5. Taking into consideration the facts and circumstances of the case and considering the fact that no previous case has been pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6. Accordingly, this Criminal Original Petition is allowed and the petitioners are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate, Rajapalayam, on condition that the petitioners shall execute 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 daily at 10.30 a.m. until further orders. The petitioners shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

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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/- 26/07/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn To 1 THE JUDICIAL MAGISTRATE, RAJAPALAYAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTTUR.

3 THE SUB INSPECTOR OF POLICE, SEITHUR POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

+1 CC to M/s.K.SATHISHKUMAR, Advocate ( SR-11394[I] dated 27/07/2023 )

ORDER

IN CRL OP(MD) No.13677 of 2023 Date :26/07/2023 RS/VR/SAR-(02.08.2023) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3