P.Andisamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/01/2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.399 of 2021 P.Andisamy ... Petitioner/Accused No.1 Vs The State rep. by The Inspector of Police, Kadupatty Police Station, Madurai District.

Crime No. 1453 of 2020. ... Respondent/Complainant For Petitioner : Mr.Illanchezian.V, Advocate.

For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1453 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who are arrayed as A1, apprehending arrest at the hands of the respondent police for the offences punishable under Section 379 IPC r/w Section 21(5) of the Mines and Minerals (Development & Regulation)Act, 1957 in Crime No.1453 of 2020 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioners and other accused were said to have illegally transported one unit of gravel sand. Hence, a complaint has been registered. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Criminal Side) appearing for the respondent.

4.The learned counsel appearing for the petitioner submitted 1/3

that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that the co-accused have already released on bail. Hence, he prayed for grant of anticipatory bail to the petitioner. 5.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that there is no previous case pending against the petitioner.

6.Considering the facts and circumstances of the case and also considering the fact that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

7.Accordingly, the petitioner shall draw a demand draft in favour of Dean, Government Rajaji Hospital, Madurai for a sum of Rs.15,000/- (Rupees Fifteen Thousand only) without prejudice to his rights and contentions before the trial Court. The petitioner shall produce the proof of remittance /submission of Demand Draft to Dean while executing sureties. On acknowledgment of the same by the Dean, Government Rajaji Hospital, Madurai, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Vadipatti, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall report before the respondent police as and when required for interrogation.

(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]; and; 2/3

(f)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 18/01/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, VADIPATTI.

2. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3. THE INSPECTOR OF POLICE, KADUPATTY POLICE STATION, MADURAI DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE DEAN, GOVERNMENT RAJAJI HOSPITAL, MADURAI.

+1CC to Mr.S.M.MOHAN GANDHI, Advocate (SR-264[I] dated 19/01/2021)

ORDER

IN CRL OP(MD) No.399 of 2021 Date :18/01/2021 GNS SRS/KV/SAR-II/21.01.2021/3P/7C 3/3