Nagarathinam v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.1759 of 2018 NAGARATHINAM ... PETITIONER/ ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE SUB INSPECTOR OF POLICE THOTTIYAM POLICE STATION, IN CR.NO. 21/2018 TRICHY DISTRICT. RESPONDENT/COMPLAINANT For Petitioner : M/S.S.MUTHALRAJ Advocate For Respondent : MR.K.SUYABULINGA BHARATHI, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/Rank not known, who apprehends arrest at the hands of the respondent Police for the offence punishable under Section 379 I.P.C., r/w Section 21(1) of Tamilnadu Mines and Minerals Development and Regulation Act, 1957, in Crime No.

21 of 2018, on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that while the respondent police doing routine vehicles check up nearby Kongu Naadu College, at that time, one Bolero Pick Up vehicle bearing Registration No.TN77E-5406 came that side and found that the petitioner has illegally transported one unit of river sand. Hence, case has been registered against this petitioner.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, he has been falsely implicated in this case, he has not committed any offence as alleged, and pleads for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) appearing for the State submitted that during the time of investigation, the stolen properties, the properties, which was used for the commission of offence, was recovered by the respondent police. According to him, investigation is still pending.

5.Upon considering the arguments advanced by either side, it is alleged that during the time of occurrence, the petitioner committed the theft of river sand by using the vehicle. According to prosecution, as of now, the property which was used for the commission of offence has been recovered. Hence, custodial interrogation of the petitioner may not be necessary for completing the investigation. So, Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioner. Accordingly, he is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Musiri, Trichy District, on condition that the petitioner shall execute a bond for a sum of Rs.

25,000/- (Rupees Twenty Five 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: (i) the petitioner shall report before the respondent police daily at 10.00 a.m for a period of three weeks and thereafter as and when required for interrogation.

(ii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(iii)the petitioner shall not abscond either during investigation or trial.

(iv) On breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioners shall stand automatically cancelled and 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].

sd/- 06/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

msa TO 1 THE JUDICIAL MAGISTRATE, MUSIRI, TRICHY DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT.

3 THE SUB INSPECTOR OF POLICE THOTTIYAM POLICE STATION, IN TRICHY DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.S.MUTHALRAJ Advocate SR.No.1977 GJM/CSL/SAR-4-13.2.18-3P-6C

ORDER

IN CRL OP(MD) No.1759 of 2018 Date :06/02/2018