S.Raja (Yeliraja) v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Ninth day of January Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI S.RAJA (YELIRAJA) ... Petitioner / Sole Accused Vs THE INSPECTOR OF POLICE AMMAPETTAI POLICE STATION, THANJAVUR DISTRICT, (CRIME NO.881/2023) ... Respondent / Complainant For Petitioner :

M/s.B.Jameelarasu, Advocate For Respondent :

Mr.S.Manikandan, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.881/2023 ON THE FILE OF THE RESPONDENT POLICE ORDER : The Court Made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the alleged offence under Sections 379 of IPC r/w Section 21(4) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime 1/6

No.881 of 2023, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner has illegally transported 1⁄2 unit of river sand. Hence, the Law Enforcing Authority, registered a case against the accused.

3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. This is the third anticipatory bail petition. Earlier petition filed by the petitioner in Crl.OP(MD)No.21421 of 2023 was dismissed by this Court on 28.11.2023. He further submitted that the petitioner is ready to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the welfare of the girl students in any school. Hence, they prayed for the anticipatory bail for the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner is having 3 previous cases. However, he is ready to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to the welfare of the girl students, this Court may consider this petition.

5. Considering the facts and circumstances of the case and also considering the fact that the petitioner is willing to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) to Regina Caeli Girls Higher Secondary School, Ammapet, Thanjavur, to the welfare of the girl students, this Court is inclined to grant 2/6

anticipatory bail to the petitioner.

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 Judicial Magistrate Court, Papanasam, Thanjavur District, on condition that the petitioner shall execute 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 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) the petitioner and the sureties shall affix his photograph and left thumb impression in the surety bond and the learned Magistrate may obtain a copy of his Aadhar card or Bank pass Book to ensure his identity;

(b)(i) the petitioner is directed to deposit a sum of Rs.50,000/- (Rupees Fifty Thousand only) by way of Demand Draft in favour of the Headmaster/Headmistress, Regina Caeli Girls Higher Secondary School, Ammapet, Thanjavur, for purchasing Napkin Vending Machine and for making other facilities to the welfare of the girl student within a period of two weeks from the date of receipt of a 3/6

copy of this order.

(ii) the Headmaster/Headmistress of the above said school is directed to carryout the welfare works as mentioned above in their school using the above said deposit amounts and report the same with necessary proofs of accounts, receipts and documents before the concerned District Educational Officer within a period of eight weeks. (iii) the petitioner shall make the above deposit before the execution of the sureties.

(c)the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

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

(e)the petitioner shall not abscond either during investigation or trial;

(f)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. 4/6

State of Kerala [(2005) AIR SCW 5560]; and;

(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 29/01/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS To 1.The Judicial Magistrate, Papanasam, Thanjavur District.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Ammapettai Police Station, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Headmaster / Headmistress, Regina Caeli Girls Higher Secondary School, Ammapet, Thanjavur.

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+1 CC to M/s.B.JAMEEL ARASU, Advocate ( SR-1129[I] dated 30/01/2024 )

ORDER

IN Date :29/01/2024 ED/ VR /SAR- (31/01/2024) 6P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6