C.Sakthivel, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Thirteenth day of March Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.3909 of 2018 C.SAKTHIVEL ... PETITIONER / 2nd ACCUSED Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE, KARIVALAMVANDHANALLUR POLICE STATION, TIRUNELVELI DISTRICT.
(CRIME NO.88 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : MR.G.THALAIMUTHARASU 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 offence punishable under Section 379 of IPC., in Crime No.88 of 2018, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and other accused transported three gunny bags of river sand by using a TVS XL moped bearing Registration No.TN-79-C-4665 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 innocent 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 three gunny bags of river sand by using a TVS XL moped bearing Registration No.TN-79-C-4665 and the properties have 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 the petitioner and
other accused committed theft of three gunny bags of river sand by using a TVS XL moped bearing Registration No.TN-79-C-4665. As per the submission made by the learned Government Advocate (Criminal Side), as of now, the property which was used for the commission of offence and the river sand are all recovered. Accordingly, 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 stringent 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, Sankarankoil, on condition that the petitioner shall execute a bond for a sum of Rs.
(i) the petitioner shall report before the respondent police daily at 10.30 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 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/- 13/03/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOIL, TIRUNELVELI DISTRICT
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, KARIVALAMVANDHANALLUR POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.G.THALAIMUTHARASU Advocate SR.No.4103 pjl JAM/15/03/2018/ RR / SAR 4/3p-6c
ORDER
IN CRL OP(MD) No.3909 of 2018 Date :13/03/2018