Sakthivel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Second day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.880 of 2018 SAKTHIVEL ... PETITIONER/ACCUSED No.3 Vs STATE REP BY THE INSPECTOR OF POLICE MANNACHANALLUR POLICE STATION, IN CRIME NO.1/2018, TRICHY DISTRICT, ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SUBASH BABU Advocate For Respondent : MR.K.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/A3, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 IPC r/w 21 (1) Mines and Minerals Development and Regulation Act 1957 in Crime No.1 of 2018 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with other accused illegally transported four units of river sand in the taurus lorry bearing Registeration No.TN-34-D-5304, without obtaining any valid permission from the appropriate authority. Hence, the present complaint is registered against the petitioner. 3.The learned counsel appearing for the petitioner submitted that the petitioner has been falsely implicated in this case, he has not committed any offence as alleged, he is no way connected with the offence, and pleads for grant of anticipatory bail to the petitioner.

4.The learned Government Advocate (Criminal Side) submitted that the petitioners have illegally transported four units of river sand by using the taurus lorry. He further submitted that the stolen properties as well as the vehicle, which was used for transportation of four units of river sand, has been recovered.

5.The submissions made by the learned counsel appearing on either side are considered. This case has been registered against the petitioner for the alleged offence under Section 379 IPC r/w 21

(1) Mines and Minerals Development and Regulation Act 1957. It is alleged that during the time of occurrence, the petitioner herein along with other accused transported river sand to the tune of four units without any valid permission from the appropriate authority. As of now, the property which is bearing Registration No. TN-34-D5304 was recovered by the respondent police. Hence, custodial interrogation of the petitioner is not necessary for completing the investigation. Hence, 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.

III, Trichy, on condition that the petitioner shall execute a bond for a sum of Rs.

(i) The petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty thousand only) to the credit of Crime No.1 of 2018 before the Judicial Magistrate No.III, Trichy, without prejudice to their defence before the trial Court.

(ii) the petitioner 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.

(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/- 22/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NO.III, TRICHY 2 THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT 3 THE INSPECTOR OF POLICE MANNACHANALLUR POLICE STATION, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.M.SUBASH BABU Advocate SR.No.1127

ORDER

IN CRL OP(MD) No.880 of 2018 Date :22/01/2018 SMA/RR-CSL/SAR-1/30.01.2018:3P/6c