Gnanadurai v. The Inspector Of Police

CRL OP(MD). No.12721 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12721 of 2019

1. Gnanadurai

2. Thanga Ganapathy ... Petitioners/Accused 1 & 2 Vs The State rep. by The Inspector of Police, Gangaikondan Police Station, Tirunelveli District.

(Crime No.133 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. 133 of 2019 on the file of the Respondent Police.

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

2.The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 353, 307 and 379 of I.P.C. r/w Section 8 of Prevention of Corruption Act, 1988 (Amendment Act 2018), in Crime No.133 of 2019, on the file of the respondent police, seek anticipatory bail. 3.The petitioners are not having any previous case. They are said to have indulged in illegal mining of river sand and transportation the vehicle in question belongs to the first petitioner. It has since been seized. The de-facto complainant is the Village Administrative Officer, when he tried to follow the vehicle, the petitioners are said to have thrust a sum of Rs.2000/- in the vehicle pouch.

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CRL OP(MD). No.12721 of 2019 4.The learned counsel appearing for the petitioners undertakes that the petitioners shall deposit a sum of Rs.35,000/- (Rupees Thirty Five Thousand Only) as non-refundable deposit to the concerned District Mineral Foundation Trust.

5.Recording the said undertaking given by the petitioners' counsel, I am inclined to grant anticipatory bail to the petitioners with certain conditions. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Special Court for Prevention of Corruption Act Cases, Tirunelveli, and on their 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 on further condition that the petitioners shall appear before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

6.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 shall stand dismissed.

sd/- 13/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE SPECIAL COURT FOR PREVENTION OF CORRUPTION ACT CASES, TIUNELVELI.

2 THE INSPECTOR OF POLICE, GANGAIKONDAN POLICE STATION, TIRUNELVELI DISTRICT. 3 ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, TIRUNELVELI. +1. CC to M/S. T. LENIN KUMAR Advocate SR.No.86706.

ORDER

IN CRL OP(MD) No.12721 of 2019 Date :13/09/2019 SDS/SKN/SAR-1/18.09.2019/2P-5C https://hcservices.ecourts.gov.in/hcservices/ 2/2