Manikandan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/12/2021 PRESENT The Hon`ble Mrs.Justice S.ANANTHI Manikandan, ... Petitioner/Accused No.2 Vs State Rep by, The Inspector of Police, Narkudi Police Station, Virudhunagar District.

Cr.No.146 of 2021.

... Respondent/Complainant For Petitioner : Mr.R.Senthilkumar,Advocate.

For Respondent : Mr.K.Sanjay Gandhi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.146 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC and 21(1) of Mines and Minerals Act, 1957, in Crime No.146 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the accused person had illegally transported two units of black 'M' sand without any valid permission. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is an innocent person, that he is not having any previous case at his credit.

4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioner is not having any previous case at his credit.

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5.Considering the facts and circumstances of this case, that the petitioner is not having any previous case at his credit and his willingness to pay a sum of Rs.6,000/- to any of the Organisation, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner shall pay a sum of Rs.6,000/- (Rupees Six Thousand only) to the credit of the Head Master, Government Higher Secondary School, Y.Othakadai, Ulaganeri, Madurai (Account No.10968750674, State Bank of India, Tallakulam Branch, CIF No.80780349513), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the Principal District and Sessions Court, Srivilliputhur. 7.On production of such receipt/acknowledgment, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Principal District and Sessions Court, Srivilliputhur, 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 the petitioner shall appear before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously. 8.The petitioner shall appear before the concerned Magistrate within a period of fifteen days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

sd/- 29/12/2021 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

ssb Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO 1 THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, SRIVILLIPUTHUR.

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THE INSPECTOR OF POLICE NARKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

COPY TO THE HEAD MASTER, GOVERNMENT HIGHER SECONDARY SCHOOL, Y.OTHAKADAI,ULAGANERI, MADURAI.

ORDER

IN CRL OP(MD) No.21127 of 2021 Date :29/12/2021 PKP/CN/SAR-2/03.01.2022/3P/5C 3/3