Pandi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/01/2021 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Pandi ... Petitioner/Accused No.2 Vs The State rep.by The Inspector of Police, Kallikudi Police Station, Virudhunagar District.

(In Crime No.2/2021).

... Respondent/Complainant For Petitioner : Mr.M.Jegadeesh Pandian, Advocate.

For Respondent : Mr.Om Chairma Prabhu, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.2/2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A2, apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of I.P.C., and Section 21(1) of Tamilnadu Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.02 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused were said to have illegally transported 2 1⁄2 units of gravel sand. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the 1/3

prosecution and he has been falsely implicated in this case. He would further submit that the petitioner is not having any previous case and hence, he prayed for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that no previous is pending against the petitioner for similar offence. He would also submit that the sand has been recovered.

5.Considering the facts and circumstances of the case and also considering the fact that there is no previous case pending against the petitioner for similar offence and also the fact that the property has been recovered, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court, Thirumangalam, Madurai District, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner is directed to draw a Demand Draft in favour of Dean, Government Rajaji Hospital, Madurai for a sum of Rs.37,500/- (Rupees Thirty Seven Thousand and Five Hundred 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 the learned Magistrate while executing sureties.

(c)the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of two weeks and thereafter as and when required for interrogation.

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

(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 2/3

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

sd/- 11/01/2021 / 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, THIRUMANGALAM, MADURAI DISTRICT.

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

3.THE INSPECTOR OF POLICE, KALLIKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

COPY TO: THE DEAN, GOVERNMENT RAJAJI HOSPITAL, MADURAI.

ORDER

IN CRL OP(MD) No.334 of 2021 Date :11/01/2021 CP AE/JC/SAR-II (19/01/2021) 3P / 6C 3/3