E. Velpandi, S/O.Esakki, v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Thirtieth day of May Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice R.PONGIAPPAN CRL OP(MD) No.7591 of 2019 1.E. VELPANDI, 2 M. ARUMUGAM, ... PETITIONERS / ACCUSED Nos.2 & 3 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, SEEVALAPERI POLICE STATION, TIRUNELVLEI DISTRICT.

(CRIME NO.94 OF 2019) ... RESPONDENT / COMPLAINANT For Petitioners : MR.R.KRISHNAN Advocate For Respondent : MR.K.SUYAMBULINGA BHARATHI, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused, apprehending arrest at the hands of the respondent Police for the offence punishable under Section 379 IPC, in Crime No.94 of 2019, seeks anticipatory bail.

2.The case of the prosecution is that the petitioners and other accused are alleged to have transported three units of river sand illegally by using JCB. Thus, on complaint, a case has been registered against the petitioners.

3.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons, they did not commit any offence as alleged by the prosecution and they have been falsely implicated in this case.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that the stolen properties have been recovered and the investigation is not yet completed. 5.The submissions made by the learned counsel on either side

are considered. It is alleged that during the time of occurrence, the petitioners had stolen away three units of sand without getting any permission from the appropriate authority. As of now, the property, which was used for commission of offence was recovered. Hence, custodial interrogation of the petitioners is not necessary for completing the investigation. However, since the offence committed by the petitioners is against environment conditions, this Court is inclined to grant anticipatory bail to the petitioners with stringent condition.

6. 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 of receipt of a copy of this order, before the learned Judicial Magistrate-III, Tirunelveli, on condition that 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)each of the petitioners shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) to the credit of Crime No.

94 of 2019 before the learned Judicial Magistrate-III, Tirunelveli, without prejudice to their defence before the trial Court; (ii) the petitioners as well as the sureties shall submit a copy of their Aadhar Card or any other identity cards issued by the Government, in proof of their address, along with the surety bonds; (iii) the petitioners shall report before the respondent police daily at 10.00 a.m.

(iv) the petitioners shall not tamper with evidence or witness either during investigation or trial;

(v) the petitioners shall co-operate for the investigation and the trial. The petitioners shall not abscond either during investigation or trail and in event of the petitioners abscond, the respondent police shall register a case as provided under Section 229-A IPC;

(vi) 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 petitioners 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].

sd/- 30/05/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE NO.III TIRUNELVELI.

2.DO THRO'THE CHIEF JUDICAIL MAGISTRATE, TIRUNELVELI DISTRICT.

3.THE INSPECTOR OF POLICE, SEEVALAPERI POLICE STATION, TIRUNELVLEI DISTRICT.

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

+1 CC to MR.R.KRISHNAN, Advocate ( SR-8948[I] dated 30/05/2019 )

ORDER

IN CRL OP(MD) No.7591 of 2019 Date :30/05/2019 Ta/myr AE/VR/SAR-III (31.05.2019) 3P 6C