Madras High CourtCRL OP/10873/2016granted

Ramesh, v. State, Rep. By The Sub

2016-05-25Honourable Mr Justice B. Gokuldas(Retd.)2 pages

Crl.OP.No.10873 of 2016 B. GOKULDAS , J.

The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 of IPC r/w 21[1] of Mines and Minerals Act in Crime No.337 of 2016 on the file of the respondent police, seeks anticipatory bail.

2. The learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle and he has been falsely implicated in this case.

3. The learned Government Advocate (Crl.side) represented that the petitioner, who is the owner of the vehicle, indulged in illegal transport of sand and there is no previous case against the petitioner.

4. Heard the learned counsel on either side.

5. Taking into consideration the fact that the petitioner is the owner of the vehicle and the petitioner has no bad antecedent, this Court is to grant anticipatory bail to the petitioner. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen (15) days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Krishnagiri, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the

B.GOKULDAS, J.

mps/gya satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: [a] the petitioner shall report before the respondent police daily at 10.30 a.m. till further orders; [b] the petitioner shall not tamper with evidence or witness either during investigation or trial; [c] the petitioner shall not abscond either during investigation or trial;

[d] on breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take 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].

25.05.2016 mps/gya Crl.OP.No.10873 of 2016