Manavalan v. The State Rep.By, The Inspector Of Police,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18-02-2025
CORAM
THE HONOURABLE MR JUSTICE SUNDER MOHAN MANAVALAN Son of Mr. Mani @ Manikkam, No. 38/61. Pillaiyar Kovil Street. Kakkakuppam Village, Paranur, Villupuram District - 606 115.
Petitioner(s) Vs The State Rep.By, The Inspector Of Police, Arakandanallur Police Station, Villupuram District (Crime No.780/of 2023).
Respondent(s) For Petitioner(s): Mr.Magesh Kumar For Respondent(s): Mr.S.Balaji, Government Advocate (Crl.Side)
O R D E R
The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 and 430 of IPC in Crime No.780 of 2023, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner was found illegally transporting 1⁄2 unit of river sand. Hence, the case. 1/4
3. The learned counsel for the petitioner submitted that the petitioner is innocent; he has been falsely implicated in this case and he would abide by any conditions imposed by this Court. Hence, he prayed for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent police reiterated the prosecution case and on instructions submitted that there are five previous cases as against the petitioner and opposed for grant of anticipatory bail to the petitioner.
5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and also perused the materials available on record.
6. Considering the submissions made by either side; nature of allegations; that the contraband was seized; that the petitioner is on bail in previous cases and since custodial interrogation of the petitioner is not required for the purpose of investigation, this Court is inclined to grant anticipatory bail to the petitioner subject to the following conditions: 2/4
(a) Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Thiruvennainallur at Villupuram District 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 satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the said Magistrate, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that:
[b] the petitioner shall report before the respondent police daily at 10.30 a.m until further orders.
[c] the petitioner shall not tamper with evidence or witness either during investigation or trial;
[d] the petitioner shall not abscond either during investigation or trial. [e] 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]; [f] If the accused thereafter absconds, a fresh FIR can be registered under Section 269 of BNS.
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SUNDER MOHAN,J.
Vca To, The State Rep.By, The Inspector Of Police, Arakandanallur Police Station, Villupuram District (Crime No.780/of 2023).
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