Madras High CourtCRL OP(MD)/926/2022partly allowed

P.Thirupathi v. The Sub Inspector Of Police

2022-02-04Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/02/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. P.Thirupathi

2. D.Murugesan ... Petitioners/Accused 1 & 2 Vs The State rep.by, The Sub Inspector of Police, Mathur Police Station, Pudhukottai District.

(In Crime No.04/2022) ... Respondent/Complainant For Petitioner : Mr.N.Anandakumar, 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.04 of 2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos. 1 & 2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 of I.P.C r/w Section 21(1) of Mines and Minerals (Development & Regulation) Act, 1957 in Crime No.04 of 2022, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners said to have illegally transported the three units of gravel sand, without any valid permission. Therefore, the present case came to be registered.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have been falsely implicated in this case. However, to show their bona fide, the petitioners have come forward to pay a sum of Rs.10,000/- (Rupees Ten Thousand only)each, to the credit of Cr.No.4 of 2022 before the trial Court concerned.

1/3

4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioners said to have illegally transported the three units of gravel sand, without any valid permission. He further submitted that one previous case is pending against the first petitioner and no previous case pending against the second petitioner herein.

5.In view of the antecedents of the first petitioner, this Court is not inclined to grant anticipatory bail to the first petitioner. Accordingly, this petition is dismissed insofar as the first petitioner is concerned.

6. Insofar as the second petitioner is concerned, considering the nature of mineral involved, the antecedent of the second petitioner and his willingness to pay a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Crime Number, this Court is inclined to grant anticipatory bail to the second petitioner.

7. Accordingly, this Criminal Original Petition is allowed insofar as the second petitioner is concerned, on condition that the second petitioner shall deposit a sum of Rs.10,000/- (Rupees ten Thousand only) to the credit of Cr.No.4 of 2022 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.

8.On such deposit being made, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Keeranur, on condition that the second 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 learned Magistrate concerned. Due to COVID19 pandemic situation, the second petitioner 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 second petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

9. The second petitioner 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.

sd/- 04/02/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

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, KEERANUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE PUDUKKOTTAI DISTRICT.

3 THE SUB INSPECTOR OF POLICE MATHUR POLICE STATION, PUDHUKOTTAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.926 of 2022 Date :04/02/2022 tta MK/PN/SAR.III/16.02.2022/3P/5C 3/3