Moulishwaran @ Chandra Moulishwaran v. The Inspector of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/12/2023 PRESENT The Hon'ble Mr.Justice G.ILANGOVAN Moulishwaran @ Chandra Moulishwaran ... Petitioner/3rd Accused

Vs The State. Rep. by The Inspector of Police, Vathalai Police Station, Trichy District. (Crime No.170/2023). ... Respondent/Complainant For Petitioner : M/s.B.Mahendrarajan, Advocate. For Respondent : Mr.R.M.Anbunithi

Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.170/2023 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 379 IPC, 21(1) of Mines and Minerals Development and Regulation Act, 1957 in Crime No.170 of 2023 on the file of the respondent police, seeks anticipatory bail.

¶2The case of the prosecution is that the petitioner herein and other accused have illegally transported ½ unit of river sand by using Two wheeler. Hence, the complaint.

¶3The learned counsel for the petitioner submitted that the petitioner is innocent and he has not committed any offence as alleged by the prosecution and his name has been falsely implicated in this case. He would further submit that the co-accused was already released on bail, so seeks anticipatory bail.

¶4The learned Additional Public Prosecutor appearing for the respondent police submitted that the petitioner herein is having one previous case, but, not in similar nature and the co-accused have already released on bail.

¶5Considering the facts and circumstances of the case and also considering the fact that the co-accused have already been released on bail, this Court is inclined to grant anticipatory bail to the petitioner.

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

14/12/2023

/ TRUE COPY /

/01/2024

Sub-Assistant Registrar (C.S. -I, II, III, IV)

Madurai Bench of Madras High Court,

Madurai - 625 023. trp TO

1.THE JUDICIAL MAGISTRATE, MUSIRI, TRICHY DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

¶3THE INSPECTOR OF POLICE, VATHALAI POLICE STATION, TRICHY DISTRICT.

¶4THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. +1. CC to MR.M.BOOPATHI PANDIAN, Advocate SR.No.56366(F) dated 14.12.2023 ORDER IN CRL OP(MD) No.22491 of 2023 Date :14/12/2023 RK/VR (02/01/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023