Ganesan, S/O.Thangapandi, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Second day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.2825 of 2018 1 GANESAN, 2 MOHANDOSS, ... PETITIONERS / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY ITS, THE INSPECTOR OF POLICE, ALWARTHIRUNAGIRI POLICE STATION, TUTICORIN DISTRICT, CR NO.164 OF 2017 ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.M.S.JEYAKARTHIK Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused Nos.rank not known, apprehend arrest at the hands of the respondent Police for the offence punishable under Sections 379 of I.P.C., registered in Crime No.164 of 2017, seek anticipatory bail.

2.The case of the prosecution is that on 08.10.2017, during the usual checkup, the defacto complainant found the accused persons with 1⁄4 unit of River sand in a Tipper Van, who has illegally transported the same.

3.The learned counsel appearing for the petitioners submitted that the petitioners have been falsely implicated in this case, they have not committed any offence as alleged by the prosecution and they are in no way connected with the offences, hence he pleads for grant of anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl. Side) submitted that the investigation is still pending. According to him, the vehicle involved in this offence was recovered and the petitioners are the labourers.

5.Submissions made on either side disclose that the offence under Section 379 of I.P.C., has been registered against the petitioner. During the time of alleged occurrence, the petitioners stolen the river sand by using Tipper Van. As of now, the property which was used for the commission of offence is recovered. Accordingly, the custodial interrogation of the petitioners may not be necessary for completing the investigation. 6.Considering the facts and circumstances of this case, with regard to the petitioner is concerned, this Court is inclined to grant anticipatory bail to the petitioners.

Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Srivaikundam, on condition that each of the petitioners 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 petitioners shall report before the respondent police, daily at 10.00 a.m.

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

(iii) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/- 22/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,SRIVAIKUNDAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TUTICORIN DISTRICT 3 THE INSPECTOR OF POLICE, ALWARTHIRUNAGIRI POLICE STATION, TUTICORIN DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.2889

ORDER

IN CRL OP(MD) No.2825 of 2018 Date :22/02/2018 TM SMA/PM/PN/SAR-I-27.2.18-3P-6C