CRL OP(MD). No.19959 of 2021

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

( Criminal Jurisdiction )

Date : 17/12/2021

PRESENT

The Hon`ble Mr.Justice G.ILANGOVAN

CRL OP(MD). No.19959 of 2021

Jeyapandi,

... Petitioner/Accused No.2

Vs

State Rep by,

The Inspector of Police,

Checkkanurani Police Station,

Madurai District.

(Crime No.399/2021).

... Respondent/Complainant

For Petitioner : Mr.S.Mahendrapathy, 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.399 of 2021 on the file of

the respondent police.

ORDER : The Court made the following order :-

The petitioner/Accused No.2, who apprehends arrest at the hands

of the respondent police for the offences punishable under Section

379 IPC r/w 21(v) of Mines and Minerals (Development & Regulations)

Act, 1957, in Crime No.399 of 2021, seeks anticipatory bail.

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

illegally transported 1 unit of red sand without any valid permit in

the vehicle. Hence, the complaint.

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

petitioner is an innocent, that the petitioner is having one

previous case in the year 2012, who was ended in conviction, after

that he involved in two other cases, which were nuisance cases.

4.The learned Government Advocate (Crl.Side) appearing for the

respondent would submit that the petitioner is having previous cases

at his credit and the investigation is not yet completed.

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CRL OP(MD). No.19959 of 2021

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

the petitioner already involved in previous case of similar in

nature was ended in conviction, this Court is inclined to grant

anticipatory bail to the petitioner with certain stringent

conditions.

6.Accordingly, the petitioner shall pay a sum of Rs.5,000/-

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

Foundation Trust, Madurai, without prejudice to his rights and

contentions before the trial Court and produce the

receipt/acknowledgment before the Special Court for Mines and

Minerals (D&R) Act, Madurai.

7.Further the petitioner shall file an undertaking affidavit

before the trial Court that the petitioner will not indulge any

offence in future. If any case is registered against the petitioner

in further, the anticipatory bail that has been granted in this

case, is automatically cancelled without reference to this Court.

8.On production of such receipt/acknowledgment and undertaking,

the petitioner is ordered to be released on bail in the event of

arrest or his appearance, before the learned Special Judge, Special

Court for Mines and Minerals (D&R) Act, 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.

9.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/-

17/12/2021

/ TRUE COPY /

/ /2021

Sub-Assistant Registrar (C.S.)

Madurai Bench of Madras High Court,

Madurai - 625 023.

PNM

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