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Madras High CourtCRL OP(MD)/19471/2019granted

P.Periasamy v. The Inspector Of Police

2020-01-06Honourable Dr Justice G. Jayachandran2 pages

CRL OP(MD). No.19471 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/01/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.19471 of 2019 P.Periasamy ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Watrap Police Station, Virudhunagar District.

(Crime No.312/2019) ... Respondent/Complainant For Petitioner : M/s E.Somasundaram, 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.312/2019 on the file of the Respondent Police.

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

2. The petitioner apprehending arrest at the hands of the respondent police for the offences under section 379 of I.P.C. r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act, in Crime No.312 of 2019 on the file of the respondent police, seeks anticipatory bail.

3. The petitioner's earlier petition for anticipatory bail was dismissed in view of his bad antecedents. The petitioner however renews his request by pointing out that while one case registered in the year 2013 and other case was registered in the year 2015. Even in the case on hand the quantity is rather meagre. https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.19471 of 2019 4.Taking note of the facts and circumstances of the case, anticipatory bail is granted with certain conditions. The petitioner undertakes to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand only) as non refundable deposit to the credit of the concerned District Mineral Foundation Trust and on such deposit, he is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.I, Srivilliputtur, Virudhunagar District, 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 petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

5. The 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/- 06/01/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.I, SRIVILLIPUTTUR.

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

3. THE INSPECTOR OF POLICE, WATRAP POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, VIRUDHUNAGAR DISTRICT.

+1 CC to M/s.E.SOMASUNDARAM, Advocate ( SR-298[I] dated 07/01/2020 ) ORDER N CRL OP(MD) No.19471 of 2019 Date :06/01/2020 MS/VR/SAR-2/13.01.2020/2P.7C https://hcservices.ecourts.gov.in/hcservices/ 2/2