N.Manikandan v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 01/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN N.Manikandan

... Petitioner/Accused Rank not known

Vs The State rep.by, The Inspector of Police, Thirumangalam Town Police Station, Madurai District. (In Crime No.324/2023). ... Respondent/Complainant For Petitioner : B.Arun,

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.324/2023 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 Sections 379 of IPC r/w Section 21(4) of MMDR Act, in Crime No.324 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that on 11.07.2023, when the defacto complainant along with Revenue Divisional Officer, Thirumangalam, is on routine vehicle check up, the petitioner illegally transported three units of gravel sand in the vehicle bearing registration No.TN 20 BZ 7697. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this case.

¶4The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner is involved in illegal transportation of three units gravel sand using the above said vehicle. There is no previous case pending against the petitioner.

¶5Considering the nature of offence, and the petitioner is not having any previous case pending against him, this Court is inclined to grant anticipatory bail to the petitioner.

¶6Accordingly, this Criminal Original Petition is allowed and petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Thirumangalam, 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.

¶7The 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/-

01/08/2023

/ TRUE COPY /

/08/2023

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023. tm TO

1.THE JUDICIAL MAGISTRATE, THIRUMANGALAM. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI.

3.THE INSPECTOR OF POLICE, THIRUMANGALAM TOWN POLICE STATION, MADURAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to B.ARUN Advocate SR.No.11599 ORDER IN CRL OP(MD) No.13978 of 2023 Date :01/08/2023

RK/VRS (04/08/2023) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023