Jeganathan v. State Rep.By

CRL.O.P.No.13712 of 2016 S.VAIDYANATHAN,J.

Apprehending arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 IPC r/w. Section 21(1)(iv) of Mines and Minerals Act in Crime No.323 of 2016 on the file of the respondent police, the petitioners have come forward with this petition seeking anticipatory bail.

2. Heard the learned counsel for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent police.

3. The petitioners are the owner and driver of the lorry. The case of the prosecution is that the petitioners are alleged to have transported sand illegally in their lorry.

4. Learned Counsel for the petitioners submitted that the petitioners have not committed any such offence and a false complaint has been foisted against them for statistical purpose.

5. Learned Government Advocate (Crl. Side) submitted that the vehicle has been seized and there is no previous case as against the petitioners.

6. Considering the facts and circumstances of the case and also taking note of the fact that the petitioners are not involved in any previous case, this Court is inclined to grant anticipatory bail to the petitioners.

S. VAIDYANATHAN, J.

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7. Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate No.I, Hosur subject to the following conditions: (i) the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each 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 Magistrate concerned; (ii) the petitioners shall report before the respondent police daily at 10.30 a.m. for a period of four weeks and thereafter as and when required for interrogation.

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

(iv) the petitioners shall not abscond either during investigation or trial.

[v] on breach of any of the aforesaid conditions, the 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 petitioners released on bail by the 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 vrc CRL.O.P.NO.13712 of 2016