Palani v. The State Rep By Its,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eighth day of June Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.10831 of 2022 1 PALANI [ PETITIONERS / ACCUSED ] 2 YOGESH Vs THE STATE REP BY ITS, [ RESPONDENT ] THE INSPECTOR OF POLICE, ARNI TALUK POLICE STATION, THIRUVANNAMALAI DISTRICT CRIME NO.127 OF 2022.

For Petitioner : M/S.S.SILAMBUSELVAN Advocate For Respondent : MR. S.UDAYAKUMAR, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 430, 379 of IPC r/w Section 21(1) of Mines & Minerals (Development & Regulation) Act 1957 in Crime No.127 of 2022, on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the when the respondent police were on their usual patrol duty, they found that the petitioners had illegally transported one unit of river sand in a tractor without valid permit. Hence, the complaint. 3.The learned counsel appearing for the petitioners would submit that the petitioners have been falsely implicated in this case. Hence he prays anticipatory bail to the petitioners.

4.The learned Government Advocate (Crl.Side) raised an objection on the ground that they found that the petitioners had illegally transported one unit of river sand in a tractor without valid permit.

5.Considering the facts and circumstance of the case and considering the fact that this is the third anticipatory bail petition, this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of seven days from the date of receipt of a copy of this order, before the learned Principal District and Sessions Judge, Tiruvannamalai on condition that the petitioners shall execute a bond for a sum of Rs.

(c) the petitioners shall report before the Investigating Officer as and when required for an interrogation;

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

(e)the petitioners 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 have been imposed and the petitioners 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/- 08/06/2022 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 PRINCIPAL DISTRICT AND SESSIONS JUDGE, TIRUVANNAMALAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, ARNI TALUK POLICE STATION, THIRUVANNAMALAI DISTRICT.

+1 CC to M/S.S.SILAMBUSELVAN Advocate on payment of necessary charges SR.NO. 8714 CRL OP.10831/2022 Date :08/06/2022 RW-10/06/2022