Premadhasan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Sixth day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice G. CHANDRASEKHARAN CRIMINAL ORIGINAL PETITION No.10796 of 2022 PREMADHASAN [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, T.PALUR POLICE STATION, ARIYALUR DISTRICT.

(CR.NO.223/2021) For Petitioner : M/S.T.MURUGANANTHAM Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest for the alleged offences under Section 379 of IPC r/w 21(i) Mines and Minerals Act in Crime No.223 of 2021, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner is said to have illegally transported three bags of sand in a two wheeler bearing No.TN 61 Q 1866. The properties have been recovered. The coaccused has been released on bail.

3. Considering the nature of the offence, this Court is of the considered view that custodial interrogation of the petitioner is not necessary and accordingly, this Court is inclined to grant anticipatory bail to the petitioner subject to certain conditions. 4.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of seven days from the date of receipt of a copy of this order, before the Judicial Magistrate No.1, Jayamkondam, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees

Twenty Five 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 conditions that:

(a) The petitioner shall deposit a sum of Rs.5,000/- (Rupees Five Thousand Only) to the Advocate Clerks Welfare Association Fund, Ariyalur District.

(b) the petitioner and the sureties shall affix his 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 petitioner shall not tamper with evidence or witness either during investigation or trial;

(d) the petitioner shall report before the Investigating Officer daily at 10.30 a.m until further orders.

(e)the petitioner 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 has 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 absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 06/05/2022 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.I, JAYAMKONDAM,ARIYALUR.

2 THE CHIEF JUDICIAL MAGISTRATE ARIYALUR DISTRICT [FOR INFORMATION] 3 THE INSPECTOR OF POLICE, T.PALUR POLICE STATION, ARIYALUR DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

5 THE ADVOCATE CLERKS ASSOCIATION FUND, ARIYALUR DISTRICT.

CC to M/S.T.MURUGANANTHAM Advocate on payment of necessary charges CRL OP.10796/2022 Date :06/05/2022 CSK 12/05/2022