V. Muthirulan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT, MADURAI ( Criminal Jurisdiction ) Date : 10/06/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.7818 of 2019 V. Muthirulan ... Petitioner/Accused No.1 Vs The State rep.by, The Inspector of Police, Narikudi Police Station, Virudhunagar District.
Crime No.84 of 2019 ... Respondent/Complainant For Petitioner : M/s.A.Ramesh, Advocate.
For Respondent : V.Neelakandan, The Additional Public Prosecutor, PETITION FOR ANTICIPATORY BAIL Under Sec.438 Cr.P.C PRAYER :- For Anticipatory Bail in Crime no 84 of 2019 on the file of the respondent police.
ORDER : The Court Made the following order :- The petitioner/A1, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 379 of IPC(Sand theft) in Crime No.84 of 2019, seeks anticipatory bail.
2. Heard both sides.
3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in the above said case. He would further submit that the petitioner here is the owner of the vehicle. Hence, he prayed for grant of anticipatory bail to the petitioner.
4.The learned Additional Public Prosecutor appearing for the respondent has submitted the petitioner herein had illegally transported one unit of river sand. He would further submit that the tractor was recovered and there is no other case pending against the petitioner. He would also submit that A2/driver is still absconding
5.Taking into consideration the fact that no case is pending against 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, Arupukkottai 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: (i) the petitioner shall deposit a sum of Rs.15,000/- (Rupees Fifteen thousand only) to the credit of Crime No.84 of 2019 before the learned Judicial Magistrate, Aruppukottai, without prejudice his defence before the trial Court;
(ii)If the petitioner fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.
(iii) the petitioner 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 petitioner shall not tamper with evidence or witness either during investigation or trial.
(v) the petitioner 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 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]. (vii) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 10/06/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1.THE JUDICIAL MAGISTRATE, ARUPPUKOTTAI, VIRUDHUNAGAR DISTRICT.
2.DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3.THE INSPECTOR OF POLICE NARIKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.A.RAMESH Advocate SR.No.9296
ORDER
IN CRL OP(MD) No.7818 of 2019 Date :10/06/2019 aav PK/VR/SAR-2/14.06.2019 : 3P/6C