Madras High CourtCRL OP(MD)/830/2022allowed

Vinayaka Pandian v. The Inspector Of Police

2022-01-25Honourable Mrs Justice R. Tharani2 pages

CRL OP(MD). No.830 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 25/01/2022 PRESENT The Hon`ble Mrs.Justice R.THARANI CRL OP(MD). No.830 of 2022

1. Vinayaka Pandiyan ... Petitioner / Accused 1

2. Palani Raja ... Petitioner / Accused 2 Vs The State rep.by, The Inspector of Police, Pattukottai Taluk Police Station, Thanjavur District. Crime No.8 of 2022.

... Respondent/Complainant For Petitioners: Mr.R.Pranavi, 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.8 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 IPC and 21(1) of Mines and Minerals (Development & Regulations) Act, 1957, in Crime No.8 of 2022, seek anticipatory bail. 2.The case of the prosecution is that the accused persons had illegally transported 1⁄2 unit of river sand without valid permission in the vehicle. Hence, the complaint.

3.The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the first petitioner is not having any previous case and the second petitioner is having previous case at their credit and that the investigation is not yet completed. 4.The learned counsel for the petitioners would submit that even though the second petitioner is having one previous case, but which is not similar in nature and that the petitioners are innocent. Hence, prays to release them on bail. 5.Considering the facts and circumstances of this case, that the second petitioner is not having previous case for similar offence and the first petitioner also not having any previous case, https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.830 of 2022 this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

6.Accordingly, the petitioners shall pay a sum of Rs.7,500/- (Rupees Seven Thousand Five Hundred only) each to the credit of the District Mineral Foundation Trust, Thanjavur, without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate, Pattukottai.

7.On production of such receipt/acknowledgment, the petitioners are ordered to be released on bail in the event of arrest or their appearance, before the learned Judicial Magistrate, Pattukottai and on their executing 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 and the petitioners 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 petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C. Scrupulously. 8.The petitioners 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/- 25/01/2022 / 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, PATTUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE PATTUKOTTAI TALUK POLICE STATION, THANJAVUR DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO:

THE OFFICER INCHARGE, DISTRICT MINERAL FOUNDATION TRUST, THANJAVUR. ORDER IN CRL OP(MD) No.830 of 2022 Date :25/01/2022 MK/JM/SAR.III/31.01.2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/ 2/2