Manikkam v. State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Third day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.5014 of 2022 1 MANIKKAM [ PETITIONERS / ACCUSED ] 2 M.MAHESWARI Vs STATE OF TAMIL NADU [ RESPONDENT ] SUB INSPECTOR OF POLICE, MARUVATHUR POLICE STATION, PERAMBALUR DISTRICT.

CR.NO. 38 OF 2022.

For Petitioner : M/S.B.BALAMURUGAN Advocate For Respondent : MR. S.SANTHOSH, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 379 of IPC in Crime No.38 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that when the defacto complainant and their team were on regular patrol, they found that the petitioners illegally transported gravel sand and stones in Tipper lorry without any valid license. Hence, the complaint was lodged before the respondent Police.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any such offences as alleged by the prosecution. He further submitted that they have been falsely implicated in this case. Hence, he prays for grant anticipatory bail to the petitioners.

4. Heard the learned counsel for the petitioners and the learned Government Advocate (Criminal Side) for the respondent police.

5. Considering the above facts, this Court is inclined to grant anticipatory bail to the petitioners.

6.Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Perambalur, on condition that each of the petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty Thousand Only), with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned, failing which the anticipatory bail shall stand cancelled and on further condition that:

(a) each of the petitioners shall deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) before the concerned District Collector's Fund as non-refundable deposit, without prejudice to their defence before the trial court and submit proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the receipt/acknowledgment shall accept the sureties furnished by the petitioners. After receipt of the above said amount, the same has to be deposited by the concerned District Collector to the credit of the District Mines and Minerals Foundation Trust as non-refundable deposit;

(b) the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(c) the petitioners shall report before the Investigation Officer as and when required.

(d) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e) the petitioners shall not abscond either during investigation or trial;

(f) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioners 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;

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

-sd/- 03/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE JUDICIAL MAGISTRATE, NO.II, PERAMBALUR 2 THE CHIEF JUDICIAL MAGISTRATE PERAMBALUR(FOR INFORMATION) 3 SUB INSPECTOR OF POLICE, MARUVATHUR POLICE STATION, PERAMBALUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE DISTRICT COLLECTOR, PERAMBALUR +2 CC to M/S.B.BALAMURUGAN Advocate on payment of necessary charges SR.NO.3476 CRL OP.5014/2022 Date :03/03/2022 RVR 08/03/2022