Thinakaran v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.05.2020 THE HON'BLE MR.JUSTICE T.RAVINDRAN CRL.OP.No.7549 & 7550 of 2020 CRL OP NO.7549 OF 2020 Thinakaran
...Petitioner
Vs.
State represented by Inspector of Police, Perugavazhanthan Police station, Thiruvarur District ...
Respondent CRL OP NO.7550 OF 2020 Iruthayaraj
...Petitioner
Vs.
State represented by Inspector of Police, Perugavazhanthan Police station, Thiruvarur District ...
Respondent Prayer: Criminal Original Petitions are filed under Section 438 of Cr.PC, seeking bail to the Petitioners in the event of theirarrestin Crime No.144 of 2020, on the file of the respondent police.
For Petitioner :
M/s. Swami Subramanian in both petitions
For Respondent :
Mr.ShunmugaRejeswaran Government Advocate (Criminal Side), in both petitions COMMON ORDER Apprehending arrest for the offence punishable under Section 379 IPC r/w. 21(1) of Mines and Minerals (Development &Regulation ) Act 1957, in Crime No. 144 of 2020, on the file of the respondent police, the petitioners/A1 and A2respectively have come forward with the petitions seeking for Anticipatory Bail.
2. Briefly stated, according to the prosecution, the petitioners, without any sanction or authority, had lifted the sand unauthorizedly and thereby committed the offenceputforth against them.
3. According to the petitioners' counsel, the case has been falsely foisted against the petitioners and they have not committed the offence alleged against them and they have no previous case against them and ready to cooperate with the investigation and abide with the conditions that may be imposed against them by this court and sought for the relief prayed for.
4. Per contra, according to the learned Public Prosecutor, the sand involved in the occurrence is one unit and the investigation is still pending and it is admitted by the learned Public Prosecutor that no previous case is pending against the petitioners and prayed that this court, in the event of granting the relief sought for by the petitioners, may impose appropriate conditions with reference to the same.
5. Considering the nature of the accusation levelled against the petitioners and inasmuch as the quantum of sand involved in the occurrence is one unit and as no previous case is pending against the petitioners and further as the petitioners are ready to cooperate with the investigation in all aspects, I am inclined to grant the relief sought for the petitioners on conditions.
6. For the reasons aforestated, the petitioners are ordered to be released on bail in the event of their arrest or on their appearance within 15 days from the date of receipt of copy of this order before the court of Judicial Magistrate No.II, Mannargudi, Thiruvarur District,on condition of their (i) each executing a bond for Rs.10,000/- (Rupees Ten thousand) with one surety each for a like sum to the satisfaction of the respondent police or the police officer who arrest them or the aforestated Judicial Magistrate and (ii) jointlydepositing a sum of Rs.15,000/- (Rupees Fifteen thousand) before the District Mineral Foundation, Thiruvarur District, within one week from the date of receipt of a copy of this order and (iii) also directed to adhere to the conditions set out under Section 438 Cr.Pc. Accordingly, the Criminal Original Petitions are allowed. 13.05.2020
Index : Yes/No Internet : Yes/No Bga
T.RAVINDRAN, J bga To
1. The Inspector of Police Perugavazhanthan Police station, Thiruvarur District 2.The Public Prosecutor, High Court, Madras CRL.OP. 7549& 7550 of 2020 13.05.2020