Prabhu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI Prabhu ... Petitioner/Accused No.3 Vs The State rep.by The Inspector of Police, Srirangam Police Station, Srirangam, Trichy City.

Cr.No.1171/2021.

... Respondent/Complainant For Petitioner : M/S.R.YAMUNA, 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.1171 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/Accused, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 IPC r/w Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.1171 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the accused persons had illegally transported 3⁄4 unit of river sand without any valid permit. Hence, the complaint.

3.The learned appearing for the respondent would submit that the petitioner is having five previous cases at his credit and that the investigation is not yet completed.

4.The learned counsel for the petitioner would submit that even though the petitioner is having five previous cases, they are not similar in nature and this is the second bail petition and he is innocent. Hence, prays to release him on bail. 5.Considering the facts and circumstances of this case, that the petitioner is not having previous case for similar offence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

1/3

6.Considering the submissions made by both sides, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner shall pay a sum of Rs.15,000/- (Rupees Fifteen Thousand only) to the credit of the District Mineral Foundation Trust, Trichy District, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate, Srirangam.

8.On production of such receipt/acknowledgment, the petitioner is ordered to be released on bail in the event of arrest or his appearance, before the learned Judicial Magistrate, Srirangam and on his executing 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 learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 am for a period of one month and thereafter, as and when required for interrogation. The petitioner shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously.

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

sd/- 27/01/2022 / TRUE COPY / / /2022 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, SRIRANGAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, SRIRANGAM POLICE STATION, SRIRANGAM, TRICHY CITY.

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

2/3

COPY TO:

THE OFFICER INCHARGE DISTRICT MINERAL FOUNDATION TRUST, TRICHY DISTRICT.

ORDER

IN CRL OP(MD) No.1350 of 2022 Date :27/01/2022 SA/PN/SAR.2/03.02.2022/3P/6C 3/3