K.Madasamy, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Sixth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.3459 of 2018 K.MADASAMY, ... PETITIONER/2ND ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, SIVAGIRI POLICE STATION, SIVAGIRI TALUK, TIRUNELVELI DISTRICT.

CRIME NO.33 OF 2018. ... RESPONDENT / COMPLAINANT For Petitioner : M/S.C.BASKARAN 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 petitioner, who is arrayed as accused no.2, apprehending arrest at the hands of the respondent police for the offence punishable under Section 379 of IPC, in Crime No.33 of 2018, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused are said to have transported 3⁄4 unit of Odai sand, illegally by using Tractor with Trailor bearing Regn. No.TN-72-T 4341. Thus, on complaint, a case has been registered against the petitioner.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. 4.The learned Government Advocate (Criminal Side) would submit that the petitioner is a driver of the vehicle and the investigation of the case is pending.

5.The submissions made by the learned counsel appearing on either side are considered. It is alleged that during the time of occurrence, the petitioner committed the theft of sand to the tune of 3⁄4 unit, by using Tractor bearing Regn. No.TN-72-T 4341. As of now, the property which was used for the commission of offence has been recovered. Accordingly, in order to complete the investigation, the custodial interrogation of the petitioner may not be necessary. Therefore, this Court is inclined to grant 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 learned Judicial Magistrate, Sivagiri, Thirunelveli 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 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 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/- 06/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

trp TO 1 THE JUDICIAL MAGISTRATE, SIVAGIRI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, SIVAGIRI POLICE STATION, SIVAGIRI TALUK, TIRUNELVELI DISTRICT.

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

+1. CC to M/S.C.BASKARAN Advocate SR.No.3591 GJM/CM/VR/SAR-4-12.3.18-3P-6C

ORDER

IN CRL OP(MD) No.3459 of 2018 Date :06/03/2018