S.Iyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/02/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR S.Iyappan ... Petitioner/Accused Vs State rep.by The Inspector of Police, Panthanallur Police Station, Thanjavur District.

(Crime No.1364 of 2020) ... Respondent/Complainant For Petitioner : Mr.K.A.S.Prabhu, 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.1364 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as Accused No.Rank Not Known, apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of I.P.C., r/w Section 21(1) of Tamilnadu Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.1364 of 2020 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 one unit of river sand by using tractor without permission from the authorities. Hence, a complaint has been registered.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

4.The learned counsel appearing for the petitioner submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He 1/3

further submitted that the petitioner is not having any bad antecedent. He further submitted that already co-accused has already been arrested and released on bail by this Court in Crl.O.P.(MD). No.663 of 2021, dated 20.01.2021. Hence, he prayed for grant of anticipatory bail to the petitioner.

5.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that there is no previous case pending against the petitioner.

6.On perusal of the materials available on records, it is seen that the petitioner is the owner of the Tractor bearing Registration No. TN 61 E 5370, in which, one unit of river sand said to have been transported by the driver of the vehicle and he has already been arrested and released on bail by this Court.

7.Considering the facts and circumstances of the case and also considering the fact that co-accused has already been arrested and released on bail by this Court and there is no previous case pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 8.Accordingly, the petitioner shall draw a demand draft in favour of Dean, Thanjavur Medical College 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, Thanjavur Medical College, 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 learned District Munsif cum Judicial Magistrate Court, Thiruvidaimaruthur, Thanjavur District, 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;

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(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 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/- 23/02/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUVIDAIMARUTHUR, THANJAVUR DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE INSPECTOR OF POLICE, PANTHANALLUR POLICE STATION, THANJAVUR DISTRICT.

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

THE DEAN, THANJAVUR MEDICIAL COLLEGE, THANJAVUR. +1 CC to M/s.K.A.S.PRABHU, Advocate ( SR-1354[I] dated 24/02/2021 ) ORDER IN CRL OP(MD) No.2820 of 2021 VSG Date :23/02/2021 MS/PN/SAR-1/26.02.2021/3P.7C 3/3