Seenappa @ Sinivasan v. The Inspector Of Police

Crl.O.P.No.13570 of 2016 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 of IPC r/w 21(1)(IV) of Mines and Minerals Act in Crime No.179 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 the petitioner, who is the owner of the vehicle, is alleged to have transported three units of sand illegally in his vehicle. The case property is seized. 3.

Learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in this case.

4. Learned Government Advocate (Crl.Side) submitted that the petitioner has no previous case.

5. Considering the facts and circumstances of the case and considering the quantity of theft of sand involved in this case, I am inclined 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.II, 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.

msr [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].

05.07.2016 msr Crl.O.P.No.13570 of 2016