Madras High CourtCRL OP(MD)/838/2018ordered

Vijayalakshmi, v. The Sub-Inspector Of Police,

2018-01-23Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Third day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.838 of 2018 VIJAYALAKSHMI, ... PETITIONER/ACCUSED NO.1 Vs STATE REP.BY THE SUB-INSPECTOR OF POLICE, DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT.

(CRIME NO.6 OF 2018) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.J.ANANDKUMAR 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/A1, who apprehends arrest at the hands of the respondent Police for the offence punishable under Section 21(1) Mines and Minerals Regulation Act and Section 379 IPC, in Crime No.6 of 2018, on the file of the respondent Police, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant, who is the Inspector of Police along with his subordinates have intercepted the vehicle at Siruvachi Village, at that time, the 2nd accused left the vehicle, ran away from the place of occurrence and that it was found to be transported 2 units of sand by using Tipper Lorry.

3.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person, she has been falsely implicated in this case, she has not committed any offence as alleged, and pleads for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate(Criminal Side) appearing

for the respondent police submitted that the petitioner is the owner of the vehicle and she has illegally transported the 2 unit of river sand. He further submitted that the stolen properties as well as the lorry, which was used for transportation of 2 unit of river sand, illegally, has been recovered. According to him, investigation is not completed. 5.The submissions made by the learned counsel on either side are considered, it is alleged that during the time of occurrence, the petitioner stolen away the 2 unit of river sand by using the Tipper Lorry bearing registration No.TN-63-AC9851. According to prosecution, the stolen river sand as well as the lorry, which was used for transportation, has been recovered. Hence, custodial interrogation of the petitioner is not necessary for completing the investigation.

However, considering the quantity of the river sand, which was stolen away by the petitioner and also considering the fact that the petitioner is the owner of the vehicle, this Court has imposed some stringent condition for granting anticipatory bail to the petitioner. Accordingly, she is ordered to be released on bail in the event of arrest or on her appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Devakottai, on condition that the petitioner shall execute a bond for a sum of Rs.

(i) The petitioner shall deposit a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the credit of Crime No.6 of 2018 before the Judicial Magistrate, Devakottai, without prejudice his defence before the Trial Court. (ii) the petitioner shall report before the respondent police daily at 10.00 a.m for a period of two weeks and thereafter as and when required for interrogation. (iii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iv) the petitioner shall not abscond either during investigation or trial.

(v) 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/- 23/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SMI/MSA TO 1 THE JUDICIAL MAGISTRATE, DEVAKOTTAI 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE SUB-INSPECTOR OF POLICE, DEVAKOTTAI TALUK POLICE STATION, SIVAGANGAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.J.ANANDKUMAR Advocate SR.No.1259 GJM/CM/VR/SAR-2-30.1.18-3P-6C

ORDER

IN CRL OP(MD) No.838 of 2018 Date :23/01/2018