CRL OP(MD)/23648/2013 of ESAKKIMUTHU 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 ThirteenPRESENT

The Hon`ble Mr Justice P.N.PRAKASH

CRL OP(MD) No.23648 of 2013

1 ESAKKIMUTHU

2 MURUGAN

... PETITIONERS / ACCUSED No.1 & 2

Vs

THE INSPECTOR OF POLICE KAYATHAR POLICE STATION, TUTICORIN DISTRICT. CRIME NO. 408/2013 .... RESPONDENT / COMPLAINANT

For Petitioner : M/S.P.KRISHNASAMY Advocate For Respondent : Mr.A.P.Balasubramani, Government Advocate (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners/A1 and A2 apprehend arrest at the hands of therespondent police for the alleged commission of offences punishable undersections 379 of I.P.C. read with Section 21(1) of the Mines and MineralsAct, in Crime No.408 of 2013 on the file of the respondent police, seekanticipatory bail.

2.It is alleged by the petitioners that the petitioners are innocentpersons and they are nothing to do with the alleged commission of offence.

3.The learned Government Advocate (criminal side) would submit thatthe property involved in this case is one unit of sand and the contrabandhas been seized. He would further submit that no previous case againstthe petitioners.

4. In the facts and circumstances of the case, since there is noprevious case against the petitioners, this Court is inclined to grantanticipatory bail to the petitioners with certain conditions.

5.Accordingly, the petitioners are directed to be released on bail,in the event of arrest or on their appearance before the learned JudicialMagistrate No.2, Kovilpatti, and on each of them executing a bond for asum of Rs.10,000/- (Rupees ten thousand only) with two sureties each fora like sum to the satisfaction of the learned Magistrate concerned and onfurther condition that the petitioners shall appear before the respondenthttps://hcservices.ecourts.gov.in/hcservices/police daily at 10.00 a.m. for a period of two weeks and thereafter asand when required for interrogation. The petitioners shall comply withthe conditions stipulated under Section 438 Cr.P.C. Scrupulously.

6. The petitioners shall appear before the concerned Magistratewithin a period of 15 days from the date on which the order copy madeready failing which, the petition for anticipatory bail stands dismissed. sd/- 30/12/2013

/ TRUE COPY /

Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1 THE JUDICIAL MAGISTRATE NO.2,KOVILPATTI, THOOTHUKUDI DISTRICT.KOVILPATTI, THOOTHUKUDI DISTRICT.

2 do-thro' THE CHIEF JUDICIAL MAGISTRATE,THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICEKAYATHAR POLICE STATION, TUTICORIN DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR,

MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.P.KRISHNASAMY Advocate SR.No.64473