Rasal @ Sreetharan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI RASAL @ SREETHARAN ... PETITIONER / ACCUSED No.1 Vs THE INSPECTOR OF POLICE PUTHUKADAI POLICE STATION, PUTHUKADAI, KANYAKUMARI DISTRICT.

(CRIME NO.4/2024).

... RESPONDENT / COMPLAINANT For Petitioner : Mr.P.SANTHANA KRISHNAN Advocate For Respondent : Mr.S.MANIKANDAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO.4/2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/A1, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 379 of IPC, in Cr.No.4 of 2024, on the file of the respondent police, seeks anticipatory bail. 1/5

2.The case of the prosecution is that the petitioner was involved in illegal transportation of one unit of red sand. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. However, on instructions, he further submitted that the petitioner, on his own volition, is ready and willing to deposit a sum of Rs.50,000/- to the Government Middle School, Painkulam, Kanniyakumari District for the welfare of the girl students studying in the school and hence, he prays for grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the State strongly opposed to grant bail stating that the petitioner was involved in illegal transportation of one unit of red sand and he is having eight previous cases. 5.

Considering the facts and circumstances of the case and also considering the fact that the petitioner is ready and willing to deposit a sum of Rs.50,000/- to the Government Middle School, Painkulam, Kanniyakumari District for the welfare of the girl students, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner 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 Court No.II, 2/5

Kuzhithurai, Kanniyakumari District, on condition that the 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 respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

(a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b)the petitioner is directed to pay a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the Headmaster, Government Middle School, Painkulam, Kanniyakumari District, by way of Demand Draft, without prejudice to his defence before the trial Court and submit the proof of payment of the said amount before the aforesaid learned Judicial Magistrate, who after perusing the challan/ receipt/acknowledgement, shall accept the sureties furnished by the petitioner;

(c)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

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(d)the petitioner shall report before the respondent police as and when required for interrogation;

(e)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f)the petitioner shall not abscond either during investigation or trial; (g)on breach of any of the aforesaid conditions, 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]; and; (h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 22/01/2024 / TRUE COPY / /01/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI 4/5

TO 1 THE JUDICIAL MAGISTRATE NO.II KUZHITHURAI, KANNIYAKUMARI DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KANNIYAKUMARI DISTRICT AT NAGERCOIL.

3 THE INSPECTOR OF POLICE PUTHUKADAI POLICE STATION, PUTHUKADAI, KANYAKUMARI DISTRICT.

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

COPY TO:

THE HEADMASTER, GOVERNMENT MIDDLE SCHOOL, PAINKULAM, KANNIYAKUMARI DISTRICT.

+1 CC to M/s.P.SANTHANA KRISHNAN, Advocate ( SR-884[I] dated 22/01/2024 )

ORDER

IN Date :22/01/2024 SS/JGB/SAR- /30/01/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5