Selvaraj, S/O.Chinnappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 07/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.7734 of 2019

1. Selvaraj

2. C. Periyasamy ... Petitioners/Accused No.1 & 3 Vs The State rep.by The Inspector of Police, K. Paramathi Police Station, Karur District.

Crime No.105 of 2019 ... Respondent/Complainant For Petitioner : M/s.S.Balamurugan, Advocate.

For Respondent : Mrs.M.Ananthadevi, Govt.Advocate (Crl.Side).

PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C PRAYER :- For anticipatory bail in cr.no.105 of 2019 on the file of the respondent police.

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC in Crime No. 105 of 2019, seek anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioners has submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that as per the FIR, that the petitioners herein have illegally transported seven units of sand by using three lorries. He further submitted that the petitioners are owners of the lorries. Already drivers (A2, A4 & A5) were granted

anticipatory bail by this Court in Crl.O.P(MD)No.7713 of 2019 and the petitioners are not having any bad antecedents and hence, he prayed for grant of anticipatory bail to the petitioners. 4.Per contra, the learned Government Advocate (Crl.Side) appearing for the respondent has submitted that totally five accused involved in this case and that the petitioners have in are owners and they have transported seven units of sand without any valid permission. However, she fairly conceded that no similar type of case is pending against the petitioners.

5.Taking into consideration of the fact that no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.

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, No.II, Karur on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each 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 petitioner shall deposit a sum of Rs.21,000/- (Rupees Twenty One Thousand only) to the credit of Crime No.105 of 2019 before the learned Judicial Magistrate, No.II, Karur, without prejudice to their defence before the trial Court; (ii) If the petitioners fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

(iii) the petitioners shall report before the respondent police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required before the respondent police for interrogation.

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

(v) the petitioners shall not abscond either during investigation or trial.

(vi) On breach of any of the aforesaid conditions, 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].

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

sd/- 07/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S-II) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.The Judicial Magistrate No.II, Karur.

2.Do-Through The Chief Judicial Magistrate, Karur District.

3.The Inspector of Police, K. Paramathi Police Station, Karur District .

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

+1 CC to M/s.S.BALAMURUGAN, Advocate ( SR-9278[I] dated 07/06/2019 )

ORDER

IN CRL OP(MD) No.7734 of 2019 Date : 07/06/2019 dss TK/VR/SAR.2/12.06.2019/3P/6C