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Murugesan v. The Sub Inspector of police

Madras HC16 Jun 2020CRL OP(MD)/6102/2020

Case brief

AI extract

What is this about?

The Madurai Bench of the Madras High Court granted anticipatory bail to the petitioner in a case involving illegal sand mining. The Court imposed conditions including appearance before authorities and payment of Rs. 45,000 as non-refundable compensation for health workers. The petition was dismissed if the petitioner failed to appear within 15 days.

What did the court decide?

Anticipatory bail granted subject to payment of Rs. 45,000 compensation as a demand draft and execution of a bond with sureties, with further conditions to appear if required.

Murugesan Vs The Sub Inspector of police — Cheque Dishonour | Madras HC (2020)

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CRL OP(MD). No.6102 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 16/06/2020

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PRESENT

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The Hon'ble Mr.Justice M.DHANDAPANI

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CRL OP(MD). No.6102 of 2020

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Murugesan ... Petitioner/Sole Accused

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The State rep. by The Sub Inspector of Police, Karaiyur Police Station, Pudukottai District. Crime No.20 of 2020. ... Respondent/Complainant

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For Petitioner : M/s P.Ganapathi Subramanian,

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Advocate. For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal 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.20 of 2020 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(Criminal Side) appearing for the respondent.

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The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under sections 379 of I.P.C., r/w Section 21(1) of Mines and Minerals (Development and Regulations) Act, 1957 in Crime No.20 of 2020 on the file of the respondent police, seeks anticipatory bail.

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The case of the prosecution is that the defacto complainant, Mr.Malaiyarasan, Sub Inspector of Police, Karaiyur Police Station gave a complaint before the respondent police as against the petitioner alleging that on 15.02.2020, at about 5:05 hrs., near https://hcservices.ecourts.gov.in/hcservices/ Soorapatti to Melathinayam Road, the petitioner/accused attempted to

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CRL OP(MD). No.6102 of 2020

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lift three units of sand illegally in a tipper lorry bearing registration No.TN 28 AK 3046. Hence, a complaint has been lodged.

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The learned counsel for the petitioner submitted that the petitioner did not commit any offence as alleged by the prosecution and he is an innocent and he has been falsely implicated in the above said case. Further, the learned counsel, on instructions from the petitioner, would submit that without any prejudice to his rights and contentions, the petitioner is ready to pay a sum of Rs.45,000/- (Rupees Forty Five thousand only), as non-refundable compensation, by way of Demand Draft, in favour of 'The Dean, Pudukkotai Medical College Hospital, Pudukkotai District', for the purpose of providing facilities to the Health workers.

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The learned Government Advocate(Criminal Side) has opposed to grant bail to the petitioner, since investigation is at the initial stage.

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Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with certain conditions:-

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(i) Accordingly, petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned District Munsif cum Judicial Magistrate, Illupur, Pudukkotai District 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;

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(ii) The petitioner is directed to pay a sum of Rs.45,000/(Rupees Forty Five Thousand Only), by way of Demand Draft, in favour of ' The Dean, Pudukkotai Medical College Hospital, Pudukkotai', on or before 30.06.2020, for the purpose of providing facilities to the Health workers, as non-refundable compensation, without prejudice to his rights and contentions, since the Health workers put their lives at risk every day and play a critical role in preventing the spread of COVID-19 Pandemic;

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(iii) The petitioner shall appear before the respondent police as and when required for the purpose of interrogation.

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(iv) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

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(v) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

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

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CRL OP(MD). No.6102 of 2020

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The 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 shall stand dismissed.

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sd/16/06/2020

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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 utlised 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, ILLUPUR, PUDUKOTTAI DISTRICT. 2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.

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THE SUB INSPECTOR OF POLICE, KARAIYUR POLICE STATION, PUDUKOTTAI DISTRICT. 4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. Copy to: THE DEAN PUDUKKOTAI MEDICAL COLLEGE HOSPITAL, PUDUKKOTAI.

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ORDER IN CRL OP(MD) No.6102 of 2020 Date :16/06/2020

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STS

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https://hcservices.ecourts.gov.in/hcservices/ SRS/ JC/ SAR-II/ 18.06.2020/ 3P/6C

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Murugesan v. The Sub Inspector of police

Case brief

What is this about?

What did the court decide?

Murugesan v. The Sub Inspector of police

Case brief

What is this about?

What did the court decide?

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