P.Thangavelu v. State Of Rep By

Crl.O.P.No.11960 of 2016 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC r/w Section 21(i) (iv) of Mines and Minerals Act(Sand Theft) in Crime No.324 of 2016 on the file of the respondent police, the petitioner has come forward with this petition seeking anticipatory bail.

2. The case of the prosecution is that petitioner was found in possession of three units of sand total worth about Rs.1,250/- and hence, a case had been registered.

3.Learned counsel for the petitioner submits that he has been falsely implicated in this case.

4.Learned Government Advocate (Crl.side) would submit that petitioner had been arrayed as A2 and there is no previous case against him.

5. Considering the fact that there is no previous case against the petitioner and considering the quantity of theft of sand involved in this case, I am inclined to grant anticipatory bail to the petitioner.

6. 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 executes 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

S.VAIDYANATHAN,J.

Gv/smi [a] the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation;

[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].

10.06.2016 gv/smi Crl.O.P.No.11960 of 2016