Muththu Lakshmi v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 28/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Muththu Lakshmi ... Petitioner / Accused No.4

Vs State represented by The Inspector of Police, Manamadurai Police Station, Sivagangai District. (In Crime No.272/2023.) ... Respondent / Complainant For Petitioner : M/s.Senthilkumar.R, Advocate

For Respondent : Mr.S.Manikandan,

Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.272/2023 on the file of the respondent police. ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 & 379 IPC, in Crime No.272 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the accused persons have illegally transported one unit of river sand by using vehicle without valid permit. Therefore, the present case came to be registered.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and she has been falsely implicated in this case. However, to show her bona fide, the petitioner has come forward to pay a sum of(*) Rs.15,000/- to the credit of Cr.No.272 of 2023 before the trial Court concerned.

¶4The learned Government Advocate (Crl. Side) for the respondent police submitted that the accused persons have transported mineral without valid permit. He further submitted that there is no previous case pending against her.

¶5Considering the nature of the mineral involved, the antecedents of the petitioner and her willingness to deposit amount to the credit of Crime Number, this Court is inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of (*) Rs.15,000/- (Rupees Fifteen Thousand only)

to the credit of Cr.No.272 of 2023 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.

¶7On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Manamadurai, on condition that the petitioner shall execute 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 the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

¶8The 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/-

28/07/2023 (*)Amended as per order of the court dated

11.08.2023 in CRL MP(MD)No. 11640 OF 2023 in CRL OP(MD)No. 13805 of 2023 BY GIJ

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. PNM To TO BE SUBSTITUTED WITH THE ORDER DATED 28/07/2023 ALREADY DESPATCHED

1.The Judicial Magistrate, Manamadurai.

2.Do through the Chief Judicial Magistrate, Sivagangai District.

3.The Inspector of Police, Manamadurai Police Station, Sivagangai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. +1 CC to M/s.R.SENTHIL KUMAR, Advocate ( SR-12200 dated 11/08/2023 ) ORDER IN CRL OP(MD) No.13805 of 2023 Date :28/07/2023 ED/VR/SAR- (03/08/2023) 4P / 6C TM PKP/BUC/SAR- /18.08.2023/ 4P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023