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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 28/01/2022

PRESENT

The Hon`ble Mrs.Justice R.THARANI

CRL OP(MD). No.1479 of 2022

R. Suresh

... Petitioner/3^rd Accused

Vs

State rep.by its

The Inspector of Police,

Samayanallur Police Station,

Madurai District.

(Crime No. 447 of 2021).

... Respondent/Complainant

For Petitioner : M/s.R.Pandiyarajan, Advocate.

For Respondent : M/s.S.Manikandan,

Government Advocate (Crl.Side)

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

PRAYER :-

For Anticipatory Bail in Crime No. 447 of 2021 on the file of

the respondent Police.

ORDER : The Court made the following order :-

The petitioner/Accused, who apprehends arrest at the hands of

the respondent police for the offences punishable under Section 379

IPC r/w Section 21(4) of Mines and Minerals (Development &

Regulation) Act, 1957, in Crime No.447 of 2021, seeks anticipatory

bail.

2.The case of the prosecution is that the accused persons had

illegally transported 1 unit of river sand without any valid

permit. Hence, the complaint.

3.The learned counsel appearing for the respondent would submit

that the petitioner is having not having any previous case at his

credit and that the investigation is not yet completed.

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4.The learned counsel for the petitioner would submit that the

petitioner is not having any previous case. Hence, prays to release

him on anticipatory bail.

5.Considering the facts and circumstances of this case, that

the petitioner is not having previous case for similar offence, this

Court is inclined to grant anticipatory bail to the petitioner with

certain conditions.

6.Accordingly, the petitioner shall pay a sum of Rs.15,000/-

(Rupees Fifteen Thousand only) to the credit of the District Mineral

Foundation Trust, Madurai District, without prejudice to his rights

and contentions before the trial Court and produce the

receipt/acknowledgment before the learned Special Judge, Mines and

Minerals Act Cases, Madurai.

7.On production of such receipt/acknowledgment, the petitioner

is ordered to be released on bail in the event of arrest or his

appearance, before the learned Special Judge, Mines and Minerals Act

Cases, Madurai and on his executing 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 Judge concerned and the petitioner

shall appear before the respondent police daily at 10.30 am for a

period of one month and thereafter, as and when required for

interrogation. The petitioner shall comply with the conditions

stipulated under Section 438 Cr.P.C. Scrupulously.

8.The petitioner shall appear before the concerned Judge within

a period of fifteen days from the date on which the order copy made

ready, failing which, the petition for anticipatory bail stands

dismissed.

Sd/-

28/01/2022

/ TRUE COPY /

/ /2022

Sub-Assistant Registrar (C.S.I)

Madurai Bench of Madras High Court,

Madurai - 625 023.

PNM

Note : In view of the present lock down owing to COVID-19 pandemic,

a web copy of the order may be utilized for official purposes, but,

ensuring that the copy of the order that is presented is the correct

copy, shall be the responsibility of the advocate/litigant

concerned.

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TO

1. THE SPECIAL JUDGE,

MINES AND MINERALS ACT CASES,

MADURAI.

2. THE OFFICER INCHARGE,

THE DISTRICT MINERAL FOUNDATION TRUST,

MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE,

SAMAYANALLUR POLICE STATION,

MADURAI DISTRICT.

4. THE ADDITIONAL PUBLIC