CRL OP(MD)/24077/2016 of AYYAPPAN Vs THE INSPECTOR OF POLICE on 29 December 2016

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT( Criminal Jurisdiction )

Thursday, the Twenty Ninth day of December Two Thousand SixteenPRESENT

The Hon`ble Mr Justice R.MAHADEVAN

CRL OP(MD) No.24077 of 2016

AYYAPPAN

... PETITIONER/4TH ACCUSED

Vs

THE STATE REP.BY , THE INSPECTOR OF POLICE MUNNEERPALLAM POLICE STATION,TIRUNELVELI DISTRICT.CRIME NO. 328 OF 2016 ... RESPONDENT/COMPLAINANT

FOR PETITIONER : M/S C.SUSIKUMAR, ADVOCATEFOR RESPONDENT : MR.P.KANDASAMY, GOVT. ADVOCATE ( CRL. SIDE)

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

ORDER : The Court Made the following order :- The petitioner, who is arrayed as A-4, in Crime No.328 of2016, on the file of the respondent police, apprehends arrest at thehands of the respondent police for the alleged offences punishableunder Sections 379 I.P.C., r/w 21(1) of the Mines and Minerals(Development and Regulations) Act, 1951, and hence, seeksanticipatory bail.

2. Heard the learned counsel for the petitioner and the learnedGovernment Advocate (Crl. Side) for the respondent / State.

3. The case of the prosecution is that on 12.12.2016, the defacto complainant found a TATA 407 Van bearing registration No.TN10D3162 with two units of sand worth about Rs.3,000/- without anyvalid permission.

4. The learned Government Advocate (Crl.Side) submitted thatthe co-accused / A3 has been arrested and sent for judicial custody.

5. The learned counsel appearing for the petitioner submittedthat the petitioner has not committed any such offence and he hashttps://hcservices.ecourts.gov.in/hcservices/nothing to do with present case and he has been falsely implicatedin this case.

6. Considering the facts and circumstances of the case, thisCourt is inclined to grant anticipatory bail to the petitioner, withcertain conditions. Accordingly, the petitioner is ordered to bereleased on bail in the event of arrest or on his appearance beforethe learned Judicial Magistrate No.V, Tirunelveli, and on hisexecuting 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 thelearned Magistrate concerned and on further condition that thepetitioner shall appear before the respondent police daily at 10.30a.m., for a period of four weeks and thereafter as and when requiredfor interrogation. The petitioner shall comply with the conditionstipulated under Section 438 Cr.P.C. scrupulously.

7. 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/-

29/12/2016

/ TRUE COPY /

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

TO

1 THE JUDICIAL MAGISTRATE NO.V, TIRUNELVELI.

2 DO THROUGH THE CHEIF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTOR OF POLICE,MUNNEERPALLAM POLICE STATION,TIRUNELVELI DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S C.SUSIKUMAR Advocate SR.No.83800

KRK/CM

TE/PM/SAR-I/30.12.2016 : 2P/6C