Venkatesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the First day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI VENKATESAN ... Petitioner / Sole Accused Vs THE INSPECTOR OF POLICE KARAMBAKUDI POLICE STATION, PUDUKOTTAI DISTRICT, (CRIME NO.381/2023) ... Respondent / Complainant For Petitioner :

M/s.N.Kamesh, Advocate For Respondent :

Mr.S.Manikandan, Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER : FOR ANTICIPATORY BAIL IN CRIME NO.381/2023 ON THE FILE OF THE RESPONDENT POLICE ORDER : The Court Made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 379 of IPC and 21(1) of Mines and Minerals (Development and Regulation Act), 1957, in Cr.No.381 of 2023, 1/5

on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner was involved in illegal transportation 2 units of river sand. Hence, the case. 3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. However, on instructions, he further submitted that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.40,000/- to the High Court Environmental Committee and hence, he prays for grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the State strongly opposed to grant anticipatory bail stating that the petitioner was involved in illegal transportation of 2 units of river sand. 5.

Considering the facts and circumstances of the case and also considering the quantity of the sand transported by the petitioner, this court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.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, Karambakudi, on condition that the petitioner shall execute a bond for a sum of Rs.

respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)if the petitioner failed to surrender before the concerned Magistrate within a period of 15 days from the date of receipt of a copy of this order, this order shall stand automatically cancelled; (b)as per the undertaking given by the petitioner, the petitioner is directed to deposit a sum of Rs.40,000/- (Rupees Forty Thousand only) to the credit of the Environmental Committee Operated by Registrar (Judicial) [Account No.7633863037; MICR Code: 625019020, CIF No: 30602376727, IFSC Code: IDIB000H040, High Court Branch, Madurai (2001)], without prejudice to his defence before the trial Court and the concerned Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner;

(c)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (d)the petitioner shall report before the respondent police daily at 10.30 a.m, for a period of two weeks and thereafter, as and when required for interrogation;

3/5

(e)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f)the petitioner shall not abscond either during investigation or trial;

(g)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;

(h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 01/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

DSS 4/5

To 1.The Judicial Magistrate, Karambakudi.

2.Do through the Chief Judicial Magistrate, Pudukottai District.

3.The Inspector of Police, Karambakudi Police Station, Pudukottai District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

ORDER

IN Date :01/02/2024 ED/ GS /SAR- (06/02/2024) 5P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5