Madras High CourtCRL OP(MD)/960/2018ordered

Prasath v. The Inspector Of Police

2018-01-24Honourable Mr Justice R. Pongiappan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twenty Fourth day of January Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.960 of 2018 1 PRASATH 2 DHANAPANDI 3 ARUNKUMAR ... PETITIONERS / ACCUSED (RANK NOT KNOWN) Vs THE STATE REP.BY THE INSPECTOR OF POLICE ABHIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT (CRIME NO.3 OF 2018) ... RESPONDENT/ COMPLAINANT For Petitioners : M/S.D.SENTHIL 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 petitioners/Accused, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 and 353 of IPC., and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.3 of 2018, seeks anticipatory bail.

2. The case of the prosecution is that the petitioners transported two units of river sand by using a lorry without obtaining any valid permission from the appropriate authority. Hence, the present case is registered against the petitioners.

3. The learned counsel appearing for the petitioners submitted that the petitioners are innocent and they are no way connected with the alleged offence and pleads for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Criminal Side) submitted that the petitioners along with other accused transported two units of river sand by using a Lorry, as of now, properties have been recovered. He further submitted that the investigation is still pending.

5.The submissions made by the learned counsel appearing on either side are considered. This case has been registered against the petitioners for the alleged offence under Sections 379 and 353 of IPC., and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957. It is alleged that the petitioners along with other accused committed theft of two units of river sand by using a Lorry. As per the submission made by the learned Government Advocate (Criminal Side), as of now, the property which was used for the commission of offence and the river sand are all recovered. Accordingly, custodial interrogation of the petitioners is not necessary for completing the investigation.

Therefore, considering the above facts and circumstances, 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 on which the order copy is made ready, before the learned Judicial Magistrate, Kamudhi on condition that each of the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (i) the petitioners shall report before the respondent police daily at 10.30 a.m.

(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) on breach of any of the aforesaid conditions, the anticipatory bail granted to the petitioners shall stand automatically cancelled and the learned 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 petitioner 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/- 24/01/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pjl TO 1 THE JUDICIAL MAGISTRATE KAMUTHI, 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE RAMANATHAPURAM DISTRICT.

3 THE INSPECTOR OF POLICE ABHIRAMAM POLICE STATION, RAMANATHAPURAM DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S.D.SENTHIL Advocate SR.No.1267 GJM/RR/SAR-2-1.2.18-3P-6C

ORDER

IN CRL OP(MD) No.960 of 2018 Date :24/01/2018