M.Sivakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/02/2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.1920 of 2021 M.Sivakumar ... Petitioner/Accused Vs The State Rep. by The Inspector of Police, Illuppur Police Station, Pudukottai District Crime No.38/2021. ... Respondent/Complainant For Petitioner : Mr.Narendran.C, 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 an Anticipatory Bail in Crime No.38 of 2021 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner/ accused apprehending arrest at the hands of the respondent police for the offences punishable under sections 379 I.P.C r/w.Section 21(1) and 21(2) of Mines and Minerals (Development and Regulation) Act on the file of the respondent police, seeks anticipatory bail.
2.The case of the prosecution is that the petitioner without valid permission had illegally transported one unit of sand. 3.The learned counsel appearing for the petitioner submitted that the petitioner never committed any offence as alleged by the prosecution and only for statistical purpose a false case has been foisted against the petitioner.
4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that petitioner without valid permission had illegally transported one unit of sand and no previous case is pending against the petitioner.
5.Considering the facts and circumstances of the case and also considering the fact that there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.
6.Accordingly, the petitioner shall draw a demand draft in favour of The Dean, Government Rajaji Hospital, Madurai for a sum of Rs.10,000/- (Rupees Ten thousand only) without prejudice to his rights and contentions before the trial Court. The petitioner shall produce the proof of remittance /submission of Demand Draft while executing sureties. On acknowledgment of the same the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Iluppur, on condition that the petitioner shall execute a bond for a sum of Rs.
(b)the petitioner shall report before the respondent police as and when required for interrogation.
(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioner 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 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]; and; (f)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 10/02/2021 / 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, ILUPPUR, PUDUKKOTTAI DISTRICT.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKKOTTAI DISTRICT.
3. THE INSPECTOR OF POLICE, ILLIPPUR POLICE STATION, PUDUKOTTAI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:- THE DEAN, GOVERNMENT RAJAJI HOSPITAL, MADURAI.
ORDER
IN CRL OP(MD) No.1920 of 2021 Date :10/02/2021 AAV TE/JC/SAR-II : 15/02/2021 : 3P/6C