Murugan, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Seventeenth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.740 of 2018 MURUGAN ... PETITIONER / ACCUSED No.2 Vs THE STATE REPRESENTED BY THE INSPECTOR OF POLICE KALAKKADU POLICE STATION, MADURAI DISTRICT , (CRIME NO. 480/2017) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.K.SUDALAIYANDI 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, who apprehends arrest at the hands of the respondent Police for the offence punishable under Sections 294(b), 353, 307, 379, 506(ii) IPC and Section 2(i) (a) Tamilnadu Mines and Minerals Development and Regulation Act, 1957 in Crime No.480 of 2017 on the file of the respondent Police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner along with other accused have illegally transported 75 bags of river sand by using two wheeler.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner has not committed any offence as alleged by the prosecution and he is no way connected with the offences, and pleads for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Crl.side) submitted that no one sustained injury at the time of alleged occurrence and the vehicle along with river sand was seized and investigation is still pending.

5.The submissions made by the learned counsel on either side are considered. This case has been registered for the offences punishable under Sections 294(b), 353, 307, 379, 506(ii) IPC and Section 2(i) (a) Tamilnadu Mines and Minerals Development and

Regulation Act, 1957. As per the submissions of the learned Government Advocate (Crl.side) no one sustained injury at the time of alleged occurrence. Therefore, the reason for registering the case under Section 307 IPC best known to the investigating officer only. With regard to other offence, the vehicle along with river sand was seized by the respondent Police. Therefore, custodial interrogation is not necessary for completing the investigation. 6.Taking all the above said aspects into consideration and having regard to the nature of offence, 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 their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate cum District Munsif Court, Nanguneri, Tirunelveli District on condition that each of 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 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/- 17/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE CUM DISTRICT MUNSIF, NANGUNERI, TIRUNELVELI DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE KALAKKADU POLICE STATION, MADURAI DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to Mr.K.SUDALAIYANDI Advocate SR.No.781 JAM/23/01/2018/CM-VR/ SAR 1/ 3p-6c

ORDER

IN CRL OP(MD) No.740 of 2018 Date :17/01/2018