Balasubramanian @ Balu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Tenth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.399 of 2018 1 BALASUBRAMANIAN @ BALU 2 THANGAM ... PETITIONERS / ACCUSED NO.1 &3 Vs STATE REPRESENTED BY ITS THE INSPECTOR OF POLICE SIVAGIRI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO. 339 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioners : M/S.M.S.JEYAKARTHIK Advocate For Respondent : M/S.S.BHARATHI Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners/A1 and A3, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 379 of IPC, in Crime No.339 of 2017, on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that the petitioners transported 4 gunny bags of river sand by using two-wheeler without obtaining any valid permission from the appropriate authority. Hence, the present complaint has been registered against the petitioners.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution.

4. The learned Government Advocate(Criminal side) appearing for the State submitted that the petitioners along with other accused transported 4 gunny backs of river sand in their two wheeler without getting any proper permission. She further submitted that the investigation is still pending.

5. The submissions made by the learned counsel appearing on

either side are considered. This case case been registered against the petitioners for the alleged offence under Section 379 of IPC. The petitioners herein are arrayed as A1 and A3 in the alleged occurrence. It is alleged that during the time of occurrence, the petitioners along with two other accused persons took four gunny bags of river sand by using TVS-50 vehicle. Now, the stolen property and the vehicle which was used for the commission of offence was recovered. Hence, custodial interrogation of the petitioners is not necessary for completing the investigation. Hence, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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, Sivagiri, on condition that the petitioners shall execute a bond for a sum of Rs.

(i) the petitioners shall report before the respondent police daily at 10.00 a.m., for a period of one month and thereafter, as and when required for interrogation;

(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) the petitioners shall not commit any offence while on bail;

(v) on breach of any of the aforesaid conditions, the 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 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/- 10/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pjl TO 1 THE JUDICIAL MAGISTRATE,SIVAGIRI 2 DO THORUGH THE CHIEF JUDICIAL MAGISTRATE TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE SIVAGIRI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.509 GJM/CM/VR/SAR-I-12.1.18-3P-6C

ORDER

IN CRL OP(MD) No.399 of 2018 Date :10/01/2018