Allowed

Ayyappan v. The Inspector of Police

Madras HC11 Jun 2020CRL OP(MD)/5926/2020

Case brief

AI extract

What is this about?

The Court allowed a petition for anticipatory bail under Section 438 Cr.P.C. The petitioner was apprehending arrest for illegal transportation of sand under IPC 379 and the Mines and Minerals Act 1957. Bail was granted subject to payment of a non-refundable deposit for welfare activities and conditional release.

What did the court decide?

Anticipatory bail granted subject to deposit of Rs.22,500 for welfare activities and execution of Rs.10,000 bond with two sureties.

Ayyappan Vs The Inspector of Police — Quashing and FIR | Madras HC (2020)

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CRL OP(MD). No.5926 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2020 PRESENT

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The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.5926 of 2020

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AYYAPPAN ... PETITIONER/ACCUSED NO.1 VS STATE REP. BY THE INSPECTOR OF POLICE, MELATHUR POLICE STATION, THANJAVUR DISTRICT CR NO.68/2019. ... RESPONDENT/COMPLAINANT

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For Petitioner : M/s K.M.Karunakaran, Advocate. For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side)

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

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PRAYER :-

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For Anticipatory Bail in Crime no.68 of 2019 on the file of the respondent police.

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ORDER : The Court made the following order :-

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Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

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The petitioner apprehending arrest at the hands of the respondent police for the offences under section 379 of I.P.C., and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.68 of 2019, on the file of the respondent police, seeks anticipatory bail.

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3.The learned Government Advocate (Criminal Side) states that the petitioner illegally transported 1 ½ unit of sand.

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4.Taking note of the facts and circumstances of the case, anticipatory bail is granted with certain conditions. The petitioner undertakes to deposit a sum of Rs.22,500/- (Rupees Twenty Two Thousand Five Hundred only) as non refundable deposit to the credit of Crime No.68 of 2019, before the jurisdictional Court. It will be without prejudice to the petitioner's defence in the trial. The said https://hcservices.ecourts.gov.in/hcservices/ amount will be transferred by the Court to the account of any relief

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CRL OP(MD). No.5926 of 2020

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fund that may be maintained by the district administration. The district administration shall spend the amount for any welfare activity and also submit user certificate to the Registry of this Court. On such deposit, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate No.III, Thanjavur 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 Magistrate concerned and on further condition that the petitioner shall appear before the respondent police as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.

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The petitioner shall appear before the concerned Magistrate within a period of eight weeks from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.

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sd/-

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11/06/2020

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/ TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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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1 THE JUDICIAL MAGISTRATE NO.III THANJAVUR.

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2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR AT KUMBAKONAM.

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3 THE INSPECTOR OF POLICE

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MELATHUR POLICE STATION, THANJAVUR DISTRICT.

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4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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ORDER

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CRL OP(MD) No.5926 of 2020 Date :11/06/2020

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DAS

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JM/PN/SAR 2/12.06.2020/2P/5C

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https://hcservices.ecourts.gov.in/hcservices/

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Ayyappan v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

Ayyappan v. The Inspector of Police

Case brief

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