Madras High CourtCRL OP(MD)/12849/2019granted

Ganesh Kumar v. The Sub Inspector Of Police

2019-09-17Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.12849 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/09/2019 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.12849 of 2019

1. Ganesh Kumar

2. Gurusamy ... Petitioners/Accused Nos.1 & 4 Vs The State rep. by The Sub Inspector of Police, Amathur Police Station, Virudhunagar District. (Crime No. 154 of 2019).

... Respondent/Complainant For Petitioner : M/s.M.Jothi Basu, 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. 154 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 379 of I.P.C. and 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.154 of 2019, on the file of the respondent police, seek anticipatory bail.

3.The quantity involved is one unit of sand. The learned counsel appearing for the petitioners undertakes that the petitioners shall deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as non-refundable deposit to the concerned District Mineral Foundation Trust.

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CRL OP(MD). No.12849 of 2019 4.Recording the 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 Principal Sessions Court (Special Court for Mines and Minerals Act Cases), Virudhunagar District at Srivilliputhur, 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 concerned Court and on further condition that the petitioners shall appear before the respondent police as and when required for interrogation. The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously. 5.The petitioners shall appear before the concerned Court 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/- 17/09/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE PRINCIPAL SESSIONS COURT, (SPECIAL COURT FOR MINES AND MINERALS ACT CASES), VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

2 THE SUB INSPECTOR OF POLICE, AMATHUR POLICE STATION, VIRUDHUNAGAR DISTRICT. 3 ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE DISTRICT MINERAL COUNDATION TUST, VIRUDHUNAGAR DISTRICT.

+1 CC to M/s.G.M.LAW OFFICE, Advocate (SR-15574[I] dated 17/09/2019)

ORDER

IN CRL OP(MD) No.12849 of 2019 Date :17/09/2019 SDS/JC/SAR-3/24.09.2019/2P-6C https://hcservices.ecourts.gov.in/hcservices/ 2/2