Muniyasamy @ Kulumai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/01/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR Muniyasamy @ Kulumai

...Petitioner/Accused(Sole Accused)

Vs State Rep.by The Inspector of Police, Uchipuli Police Station, Ramanathapuram District.

(Crime No.554/2020) ... Respondent/Complainant For Petitioner : Mr.R.Babu Jaganath, Advocate. For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.554/2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as accused, apprehends arrest at the hands of the respondent police for the offence punishable under sections 21(4)of Mines and Minerals r/w 379 IPC, in Crime No.554 of 2020, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that on 22.12.2020, when the sub inspector of police, Uchipuli station was in patrol, a tractor with trailer without registration number was found with one unit of sea sand and on seeing the police, the petitioner escapped from the spot. Hence, a complaint has been registered. 3.The learned counsel appearing for the petitioner submitted that the petitioner never involved in any crime as alleged in the prosecution case. For statistical purpose, the respondent police have seized the tractor and trailer from the petitioner's house and foisted a false case against him. He would further submit that he has never involved in any crime and he is a law abiding citizen and he undertakes to furnish substantial sureties for his release on Anticipatory bail and prayed to for grant of anticipatory bail. 1/3

4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner is a habitual offender and there are five previous cases pending against him. The tractor is un-numbered while seizing.

5.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

6.Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner shall draw a demand draft in favour of The Dean, Government Rajaji Hospital, Madurai for a sum of Rs.25,000/- (Rupees Twenty Five 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 No.II, Ramanathapuram District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)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.

(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/- 21/01/2021 / 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 NO.II, RAMANATHAPURAM DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.

3. THE INSPECTOR OF POLICE, UCHIPULI POLICE STATION, RAMANATHAPURAM 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.375 of 2021 Date :21/01/2021 VRN MS/VR/SAR-1/04.02.2021/3P.6C 3/3