Sambath v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR Sambath .. Petitioner/1st Accused Vs The State Rep.by, The Inspector of Police, Thirupalaikudi Police Station, Ramanathapuram District.
(Crime No.21/2021).
... Respondent/Complainant For Petitioner : M/s.M.S.Jeyakarthik, Advocate.
For Respondent : Mr.A.P.G.Ohm Chairma Prabhu, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in crime No.21 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioner, who is arrayed as Accused No.1, apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of I.P.C. and Section 21(4) of Mines and Minerals (Development and Regulation) Act in Crime No.21 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner and other accused were said to have illegally transported Odai sand by using JCB vehicle. Hence, a complaint has been registered. 3.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the 1/3
prosecution and he has been falsely implicated in this case. He further submitted that the petitioner is not having any bad antecedent. Hence, he prayed for grant of anticipatory bail to the petitioner.
4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that there is no previous case pending against the petitioner.
5.It is seen that there is no river bed nearby the place and no sand was recovered from the petitioner and only a JCB vehicle was found in the scene of occurrence. Hence, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner shall draw a demand draft in favour of The Dean, Ramanathapuram Medical College Hospital for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) without prejudice to his 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, Ramanathapuram Medical College Hospital, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the Judicial Magistrate No.I, Ramanathapuram, on condition that the petitioner shall execute a bond for a sum of Rs.
(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 shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, 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 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 2/3
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/- 24/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
SJI 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 NO.I, RAMANATHAPURAM.
2 DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM DISTRICT.
3 THE INSPECTOR OF POLICE THIRUPALAIKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI COPY TO:
THE DEAN, RAMANATHAPURAM MEDICIAL COLLEGE HOSPITAL, RAMANATHAPURAM.
+1 CC to M/S.M.S.JEYAKARTHIK, Advocate SR.No.1448
ORDER
IN CRL OP(MD) No.2722 of 2021 Date :24/02/2021 NR/VR/SAR-IV(03.03.2021) 3P:7C 3/3