Madras High CourtCRL OP(MD)/23641/2013ordered

Chithirai v. The Inspector Of Police

2013-12-30Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Thirtieth day of December Two Thousand Thirteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.23641 of 2013 CHITHIRAI ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY THE INSPECTOR OF POLICE MORAPPANADU POLICE STATION, THOOTHUKUDI DISTRICT, CRIME NO. 336 OF 2013. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.S.MALAIKANI Advocate For Respondent : M/S.A.P.BALASUBRAMANI, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner apprehends arrest at the hands of the respondent police for the alleged commission of offences punishable under sections 379 of I.P.C. read with Section 21(1) of the Mines and Minerals Act, in Crime No.336 of 2013 on the file of the respondent police, seeks anticipatory bail.

2.It is alleged by the petitioner that he is the owner of the vehicle bearing registration No.TN 20 AJ 5458, which is involved in the commission of offence on 25.12.2013 and the first information report was registered on the same day for the above said offences. 3.The learned Government Advocate (criminal side) would submit that the property involved in this case is half unit of sand and the contraband has been seized.

4. In the facts and circumstances of the case, since the petitioner is the owner of the vehicle, this Court is inclined to https://hcservices.ecourts.gov.in/hcservices/ grant anticipatory bail to the petitioner with certain conditions.

5.Accordingly, the petitioner is directed to be released on bail, in the event of arrest or on his appearance before the learned Judicial Magistrate, Srivaikuntam and on 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 for a period of two weeks and thereafter as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

6. 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 stands dismissed.

sd/- 30/12/2013 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNTAM, TUTICORIN DISTRICT. 2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN 3 THE INSPECTOR OF POLICE, MORAPPANADU POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.S.MALAIKANI Advocate SR.No.64460.

ORDER

IN CRL OP(MD) No.23641 of 2013 Date :30/12/2013 msm 31.12.2013 p2/6c https://hcservices.ecourts.gov.in/hcservices/