Mano @ Manos v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Sixth day of February Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.3026 of 2018 MANO @ MANOS ... PETITIONER / 2nd ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE THIRUCHENDUR POLICE STATION, (CRIME NO.51 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.A.MOHAMED HANEEF Advocate For Respondent : Mr.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 294(b), 506(ii) and 379 of IPC., in Crime No.51 of 2018, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner transported one unit of red sand by using a Tractor without obtaining any valid permission from the appropriate authority. Hence, the present case is registered against the petitioner.
3. The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he is no way connected with the alleged offence and pleads for grant of anticipatory bail to the petitioner.
4. The learned Government Advocate (Criminal Side) appearing for the respondent submitted that the petitioner illegally transported one unit of red sand by using a Tractor and the properties have not been recovered. He further submitted that the investigation is still pending.
5. The submissions made by the learned counsels appearing for either side are considered. It is alleged that during the time of occurrence, the petitioner taken away one unit of red sand by using
a Tractor without getting any proper permission from the appropriate authority. Considering the nature of offence committed by the petitioner, custodial interrogation of the petitioner may not be necessary for completing the investigation. Therefore, considering the above facts and circumstances, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 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 on which the order copy is made ready, before the learned Judicial Magistrate, Thiruchendur, 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 10.30 a.m.
(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 petitioner 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 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/- 26/02/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, THIRUCHENDUR ,
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, 3 THE INSPECTOR OF POLICE THIRUCHENDUR POLICE STATION, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.A.MOHAMED HANEEF Advocate SR.No.3153 pjl JAM/01/03/2018/vc/ SAR 4/ 3p-6c
ORDER
IN CRL OP(MD) No.3026 of 2018 Date :26/02/2018