CRL OP(MD)/23658/2013 of AZHAGESAN Vs THE INSPECTOR OF POLICE on 30 December 2013

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.23658 of 2013

AZHAGESAN ... PETITIONER / ACCUSED No.1

Vs

THE STATE REP.BY THE INSPECTOR OF POLICE RAYAPPANPATTY POLICE STATION, THENI DISTRICT.

CRIME NO.243 OF 2013 ... RESPONDENT / COMPLAINANT

For Petitioner : M/S.AK.AZAGARSAMI 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 is arrayed as A1 and apprehending arrest at thehands of the respondent police, for the alleged commission ofoffences punishable under Sections 4(1-a) r/w 21 of Mines andMineral Development Act and Section 379 IPC, in Crime No.243 of 2013on the file of the respondent police, seeks bail. The allegedoccurrence is said to have been committed on 19.12.2013.

2. The case of the prosecution is that the respondent police on19.12.2013, found 1/2 units of sand without license in the Tractorbearing registration No.TN-29-Y-7597 and hence, arrested the driverof the vehicle and seized the vehicle.

3. The learned counsel appearing for the petitioner wouldsubmit that the petitioner is the owner of the vehicle and he isfalsely implicated in this case for statistical purpose and he hashttps://hcservices.ecourts.gov.in/hcservices/nothing to do with the alleged commission of offences.

4. The learned Government Advocate (Criminal Side) would submitthat the sand as well as vehicle were seized and the petitioner hasnot having bad antecedents.

5. This Court, taking into consideration of the above factsand circumstances of the case, enlarges the petitioner onanticipatory bail with certain conditions. Accordingly, thepetitioner is ordered to be released on bail in the event of arrestor on his appearance before the learned Judicial Magistrate,Uthamapalayam, and on executing a bond for a sum of Rs.10,000/-(Rupees ten thousand only) with two sureties each for a like sum tothe satisfaction of the learned Magistrate concerned and on furthercondition that the petitioner shall report before the respondentpolice daily at 11.00 a.m. for a period of two weeks and thereafter,as and when required by the respondent police. The petitioner shallcomply with the conditions stipulated under Section 438 Cr.P.C.scrupulously.

6. The petitioner shall appear before the concerned Magistratewithin a period of 15 days from the date on which the order copymade ready, failing which the petition for anticipatory bail standsdismissed.

sd/-

30/12/2013

Sub-Assistant Registrar (C.S.)

TO

1 THE JUDICIAL MAGISTRATE,UTHAMAPALAYAM.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE,THENI.

3 THE INSPECTOR OF POLICE, RAYAPPANPATTY POLICE STATION, THENI DT.

4 THE ADDL. PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.