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Madras High CourtCRL OP(MD)/406/2022partly allowed

Palani Bose v. The Inspector Of Police

2022-01-12Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/01/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Palani Bose

2. Madasamy

3. Siva @ Karthi @ Sivaraman

4. Kumar @ Muthukrishnan ... Petitioners/Accused Nos.1,2,4&5 Vs The State rep.by, The Inspector of Police, M.Puthupatti Police Station, Virudhunagar District.

(Crime No. 4 of 2022).

... Respondent/Complainant For Petitioners : M/s. Prabu.M., Advocate.

For Respondent : Mr.S.Manikandan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.4 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1, 2, 4 and 5, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 I.P.C r/w. 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, on the file of the respondent police, seek anticipatory bail.

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2. The case of the prosecution is that the petitioners said to have illegally mining 1 1⁄2 unit of gravel soil, without valid license and permit. Therefore, the present case came to be registered.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioners said to have illegally mining 1 1⁄2 unit of gravel soil, without valid license and permit. He further submitted that the first petitioner/A1 is having three previous case, which are similar in nature and the petitioners 2 to 4 are having no previous case, similar in nature.

5. Considering the previous antecedents of the the first petitioner / A1, who is having three previous cases, this Court is not inclined to grant anticipatory bail to the first petitioner / A1. Hence, this petition is dismissed in so far as the first petitioner/ A1 is concerned.

6. Considering the nature of the mineral involved, the antecedents of the petitioners 2 to 4 , this Court is inclined to grant anticipatory bail to the petitioners 2 to 4.

7. Accordingly, this Criminal Original Petition is allowed on condition that the s petitioners 2 to 4 shall deposit a sum of Rs.6,000/- (Rupees Six Thousand only) to the credit of Cr.No.4 of 2022 before the trial Court concerned, without prejudice to their rights and contentions before the trial Court.

8. On such deposit being made, the petitioners 2 to 4 are ordered to be released on bail in the event of arrest or on their appearance, before the learned Judicial Magistrate No.II, Sivakasi, Virudhunagar District, on condition that the petitioners 2 to 4 shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned. Due to COVID-19 pandemic situation, the petitioners 2 to 4 shall appear before the respondent police once in a month i.e., on first Monday of every English Calender Month at 10.30 a.m., until further orders. The petitioners 2 to 4 shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

9. The petitioners 2 to 4 shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

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10.In the result, this Criminal Original Petition is partly allowed.

sd/- 12/01/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

LS 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, SIVAKASI, VIRUDHUNAGAR DISTRICT.

2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SRIVILLIPUTHUR @ VIRUDHUNAGAR DISTRICT.

3.THE INSPECTOR OF POLICE, M.PUTHUPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

ORDER

IN CRL OP(MD) No.406 of 2022 Date :12/01/2022 RK/PN/SAR-II(04/02/2022) 3P 5C 3/3