Leon Dharmaraj v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR 1.Leon Dharmaraj 2.Natarajan ... Petitioners/Accused 1 & 2 Vs The State rep.by The Inspector of Police, Aralvoimozhi Police Station, Kanniyakumari District.
Crime No.40/2021 ... Respondent/Complainant For Petitioners : Mr.K.Vamanan, Advocate.
For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.40/2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/A1 & A2, who were apprehending arrest at the hands of the respondent police for the offences punishable under Section 379 of I.P.C., in Crime No.40 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners were said to have illegally transported one unit of red gravel sand. Hence, a complaint has been registered.
3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the first petitioner is the owner and the second petitioner is the driver of the vehicle. Hence, he prayed for grant of anticipatory bail to the petitioners. 1/3
4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the quantity of sand involved in one unit and the same was recovered by the respondent police. He further submitted that the petitioners are having no previous case. 5.Considering the facts and circumstances of the case and also considering the fact that the petitioners are having no previous case, this court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.Accordingly, the first petitioner shall draw a demand draft in favour of Dean, Kanniyakumari Government Medical College and Hospital, Kanniyakumari, for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) and the second petitioner shall draw a demand draft in favour of Dean, Kanniyakumari Government Medical College and Hospital, Kanniyakumari, for a sum of Rs.5,000/- (Rupees Five Thousand only) without prejudice to their rights and contentions before the trial Court. The petitioners shall produce the proof of remittance /submission of Demand Draft to Dean, Kanniyakumari Government Medical College and Hospital, Kanniyakumari. while executing sureties.
On acknowledgment of the same by the Dean, Kanniyakumari Government Medical College and Hospital, Kanniyakumari, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the Judicial Magistrate, Boothapandi, on condition that the petitioners shall execute a bond for a sum of Rs.
(a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation.
(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners shall not abscond either during investigation or trial;
(e)on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action 2/3
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]; and;
(f)if the accused/petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 09/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1.THE JUDICIAL MAGISTRATE, BOOTHAPANDI.
2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, KANNIYAKUMARI DISTRICT AT NAGERCOIL.
3.THE INSPECTOR OF POLICE, ARALVOIMOZHI POLICE STATION, KANNIYAKUMARI DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE DEAN, KANNIYAKUMARI GOVERNMENT MEDICAL COLLEGE AND HOSPITAL, KANNIYAKUMARI.
+1 CC to M/s.K.VAMANAN, Advocate SR-883[I] dated 11/02/2021 )
ORDER
IN CRL OP(MD) No.1707 of 2021 Date :09/02/2021 SJI TK/PN/SAR.4/16.02.2021/3P/7C 3/3