CRL OP(MD)/23641/2013 of CHITHIRAI 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.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 respondentpolice for the alleged commission of offences punishable undersections 379 of I.P.C. read with Section 21(1) of the Mines andMinerals Act, in Crime No.336 of 2013 on the file of the respondentpolice, seeks anticipatory bail.

2.It is alleged by the petitioner that he is the owner of thevehicle bearing registration No.TN 20 AJ 5458, which is involved inthe commission of offence on 25.12.2013 and the first informationreport was registered on the same day for the above said offences.

3.The learned Government Advocate (criminal side) would submitthat the property involved in this case is half unit of sand and thecontraband has been seized.

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

5.Accordingly, the petitioner is directed to be released onbail, in the event of arrest or on his appearance before the learnedJudicial Magistrate, Srivaikuntam and on executing a bond for a sumof Rs.10,000/- (Rupees ten thousand only) with two sureties each fora like sum to the satisfaction of the learned Magistrate concernedand on further condition that the petitioner shall appear before therespondent police for a period of two weeks and thereafter as andwhen required for interrogation. The petitioner shall comply withthe 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, 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.