Allowed

J.Sundarkarthi v. The Inspector of Police

Madras HC22 Dec 2021CRL OP(MD)/20577/2021

Case brief

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What is this about?

The Madurai Bench of Madras High Court granted anticipatory bail to two petitioners facing charges of illegal transportation of red sand. The court imposed conditions including payment of a fine, execution of a bond with sureties, and daily police appearance.

What did the court decide?

Petitioners granted anticipatory bail on conditions: pay Rs.15,000 each to District Mineral Foundation Trust, execute bail bond for Rs.10,000 each with two sureties, and appear before police daily for

J.Sundarkarthi Vs The Inspector of Police — Bail and Remand | Madras HC (2021)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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( Criminal Jurisdiction )

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Date : 22/12/2021

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PRESENT

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The Hon`ble Mr.Justice G.ILANGOVAN

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CRL OP(MD). Nos.20577 & 20573 of 2021

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J.Sundarkarthi ... Petitioner/Accused No.2 in Crl.OP(MD)No.20577 of 2021 M.Palpandi ... Petitioner/Accused No.1 in Crl.OP(MD)No.20573 of 2021 Vs

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State through The Inspector of Police, Vadipatti Police Station, Madurai District. Cr.No. 540 of 2021. ... Respondent/Complainant

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in both petitions

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In Crl.OP(MD)No.20577 of 2021:

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For Petitioner : Mr.R.Aravind Raj,

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Advocate.

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In Crl.OP(MD)No.20573 of 2021

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For Petitioner : Mr.S.Amalan,

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Advocate.

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For Respondent : Mr.S.Manikandan,

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Government Advocate (Crl.Side)

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in both petitions

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

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COMMON PRAYER :-

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For Anticipatory Bail in Crime No.540 of 2021 on the file of the Respondent Police.

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COMMON ORDER : The Court made the following order :-

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https://hcservices.ecourts.gov.in/hcservices/ The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379

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IPC and 21(4) of Mines and Minerals (Development & Regulations) Act, 1957, in Crime No.540 of 2021, seek anticipatory bail.

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2.The case of the prosecution is that the accused persons had illegally transported 3 units of red sand without any valid permit in the vehicle. Hence, the complaint.

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3.The learned counsel for the petitioners would submit that the petitioners are innocents, that they are not having any previous case at their credit.

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4.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the petitioners are not having any previous case at their credit and the investigation is not yet completed.

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5.Considering the facts and circumstances of this case, that the petitioners are not having any previous case at their credit, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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6.Accordingly, the petitioners shall pay a sum of Rs.15,000/(Rupees Fifteen Thousand only) each to the credit of the District Mineral Foundation Trust, Madurai, without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the Judicial Magistrate, Vadipatty, Madurai District.

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7.On production of such receipt/acknowledgment, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Vadipatty, Madurai District and on their executing a bond for a sum of Rs.10,000/-(Rupees Ten Thousand only) each with two sureties, each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioners 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 petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. scrupulously.

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8.The petitioners shall appear before the concerned Magistrate 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.

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

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

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PNM

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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. TO 1.THE JUDICIAL MAGISTRATE, VADIPATTY, MADURAI DISTRICT. 2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3.THE INSPECTOR OF POLICE, VADIPATTI POLICE STATION, MADURAI DISTRICT. 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI. COPY TO THE OFFICER INCHARGE DISTRICT MINERAL FOUNDATION TRUST, MADURAI.

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COMMON ORDER IN CRL OP(MD) Nos.20577 & 20573 of 2021 Date : 22/12/2021 VB/CN/SAR-I/28.12.2021/3P/6C

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

J.Sundarkarthi v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

J.Sundarkarthi v. The Inspector of Police

Case brief

What is this about?

What did the court decide?

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