V.Krishna Veni v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR V.Krishna Veni ... Petitioner/Accused Rank Not Known Vs Tamil Nadu Government represented by The Inspector of Police, Palamadu Police Station, Madurai District Crime No. 1523/2020.

... Respondent/Complainant For Petitioner : Mr.A.B.Natarajan, Advocate.

For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1523 of 2020 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner, who is the accused, apprehending arrest at the hands of the respondent police for the offences punishable under sections 120(B), 456, 468, 379 I.P.C. and Section 21(1) of Tamilnadu Mines and Minerals (Development and Regulation) Act, 1957,on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner's driver/ Ganesan was said to have illegally transported two unit of gravel sand by using tipper lorry and the petitioner herein is the owner of the tipper lorry. Hence, a complaint has been registered. 3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

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4.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and she has been falsely implicated in this case. He further submitted that the petitioner is having two school going children and co-accused in this case was already granted anticipatory bail in Crl.O.P.(MD)No.16033 of 2020, on 31.12.2020 and she is not having any bad antecedent. Hence, he prayed for grant of anticipatory bail to the petitioner.

5.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that there is no previous case pending against the petitioner.

6.Considering the facts and circumstances of the case and also considering the fact that there is no previous case pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner shall draw a demand draft in favour of Dean, Rajaji Government Hospital, Madurai, for a sum of Rs.10,000/- (Rupees Ten Thousand only) without prejudice to her rights and contentions before the trial Court. The petitioner shall produce the proof of remittance /submission of Demand Draft to Dean while executing sureties. On acknowledgment of the same by the Dean, Rajaji Government Hospital, Madurai, the petitioner is ordered to be released on bail in the event of arrest or her appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Vadipatti, Madurai District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten 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:

(a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioner being a lady, she 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 2/3

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/- 15/02/2021 / 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, VADIPATTI, MADURAI DISTRICT.

2.-DO-THRO'THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.

3.THE INSPECTOR OF POLICE, PALAMADU POLICE STATION, MADURAI DISTRICT.

4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO: THE DEAN, RAJAJI GOVERNMENT HOSPITAL, MADURAI.

+1 CC to Mr.A.B.NATARAJAN, Advocate ( SR-1061[I] dated 16/02/2021 )

ORDER

IN CRL OP(MD) No.1980 of 2021 Date :15/02/2021 Ls AE/JC/SAR-IV (18/02/2021) 3P / 7C 3/3