Palani v. The Inspector Of Police

RMT.TEEKAA RAMAN, J.

The Petitioner, who apprehends arrest at the hands of the Respondent police for the offence punishable under Sections 379 IPC r/w. Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.281 of 2023 on the file of the Respondent police, seeks anticipatory bail. 2.The case of the prosecution is that on 11.05.2023, when the Defacto Complainant was in usual vehicle checkup near Agram Road, Ayyampalayam Puthur Village, they found the Petitioner with two units of gravel soil sand, who illegally transported the same in a tipper lorry bearing Reg. No.TN 25 BJ 1216, without any permit. Hence the complaint. 3.

The learned Counsel for the Petitioner would submit that the Petitioner is a driver of the lorry and he is no way connected with the above said alleged offences and false case was foisted against the Petitioner by the Respondent due to enmity. Hence, the learned counsel for the Petitioner prays for grant of anticipatory bail to the Petitioner. 4.The learned Government Advocate (Crl. Side) for the Respondent would submit that the Petitioner has illegally transported two units of gravel sand and he vehemently opposed to grant anticipatory bail to the Petitioner. 5.Heard both sides and perused the materials available on record.

6.Taking into consideration the facts and circumstances of the case and also the submissions made by the learned counsel on either sides and the nature and gravity of the offence, this Court is inclined to grant anticipatory bail to the Petitioner with certain conditions. 7.Accordingly, the Petitioner is directed to make a non-refundable deposit of Rs.

10,000/- (Rupees Ten Thousand only) directly to the credit of "The Dean/Medical Officer, Kilpauk Medical College Hospital, Chennai District", without prejudice to his rights and contentions before the trial Court, on such deposit and production of proof, the Petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate II, Tiruvanamalai, on condition that the Petitioner shall execute a separate bond for a sum of Rs.

pass Book to ensure their identity;

[b] the Petitioner shall report before the Respondent Police, everyday at 10.30 a.m., for a period of three weeks and thereafter as and when required;

[c] the Petitioner shall not tamper with evidence or witness either during investigation or trial. [d] the Petitioner shall not abscond either during investigation or trial.

[e] 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].

[f] If the accused thereafter abscond, a fresh FIR can be registered under Section 229A IPC.

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RMT.TEEKAA RAMAN, J.

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