Manivannan, v. The Inspector Of Police,Pavur

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of October Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.20493 of 2015 MANIVANNAN ... PETITIONER /2nd ACCUSED Vs THE STATE REP.BY THE INSPECTOR OF POLICE, PAVUR CHATHIRAM POLICE STATION, TIRUNELVELI DIST.

CR.NO. 348 OF 2015 ... RESPONDENT / COMPLAINANT For Petitioner : M/S B.BASKAR Advocate For Respondent : MR.A.P.BALASUBRAMANI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- Apprehending arrest at the hands of the respondent police in Crime No.348 of 2015 on the file of the respondent police for offences under Sections 379 of IPC and Section 21(1)(iv) of Mines and Minerals Regulation Act, the petitioner is now before this Court seeking Anticipatory Bail.

2.Heard the learned counsel for the petitioner. 3.The learned Government Advocate (Criminal Side) submits that the petitioner has illegally transported half unit of sand. He further submits that there is no previous case registered as against the petitioner.

4.Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner, but with conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Tenkasi, on his executing a separate 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 the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that, (a) the petitioner shall report before the respondent/Police every day at 6.30 p.m. for a period of two weeks and thereafter as and when required for interrogation.

https://hcservices.ecourts.gov.in/hcservices/ [b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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].

[e] The Inspector of Police concerned shall send compliance report to the learned Additional Public Prosecutor as to whether the petitioner is complying with the order or not.

sd/- 20/10/2015 / TRUE COPY / Sub-Assistant Registrar TO 1 THE JUDICIAL MAGISTRATE TENKASI 2 DO THRO THE CHEIF JUDICIAL MAGISTRATE THIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, PAVUR CHATHIRAM POLICE STATION, TIRUNELVELI DIST.

4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT MADURAI +1. CC to M/S B.BASKAR Advocate SR.No.62264.

ORDER

IN CRL OP(MD) No.20493 of 2015 Date :20/10/2015 AM/20.10.2015/DP/SAR-I/2P/6C https://hcservices.ecourts.gov.in/hcservices/