Raju 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 1.Raju 2.Selvaraj 3.Rajkumar ... Petitioners/Accused No.1 to 3 Vs The State rep.by The Inspector of Police, Thottiyam of Police Station, Thottiyam, Trichy District.
Crime No.104 of 2021 ... Respondent/Complainant For Petitioners : Mr.K.Arunraj, 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.104 of 2021 on the file of the respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused 1 to 3, apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of I.P.C r/w 21(1) of Mines and Minerals (Development and Regulation) Act in Crime No.104 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners were said to have illegally transported sand. Hence, a complaint has been registered.
3.The learned counsel appearing for the petitioners 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 the petitioners had only over seeing the 1/3
digging of soil for the purpose of constructing the temple and they are not having any bad antecedent. Hence, he prayed for grant of anticipatory bail to the petitioners.
4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that there is no previous case pending against the petitioners.
5.Considering the facts and circumstances of the case and also considering the fact that there is no previous case pending against the petitioners and the petitioners had only over seeing the digging of soil for the purpose of constructing the temple and the photographs evading the same had been produced and there is no overt act attributed against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, each of the petitioners shall draw a demand draft in favour of Dean, Government Rajaji Hospital, Madurai for a sum of Rs.5,000/- (Rupees Five Thousand only) without prejudice to their rights and contentions before the trial Court. The petitioners shall produce the proof of remittance /submission of Demand Draft to Dean while executing sureties.
On acknowledgment of the same by the Dean, Government Rajaji Hospital, Madurai, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Musiri, on condition that the petitioners shall execute a bond for a sum of Rs.
(b)the petitioners 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 petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners released on bail by the 2/3
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/petitioners 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.
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, MUSIRI.
2.DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.
3.THE INSPECTOR OF POLICE, THOTTIYAM OF POLICE STATION, THOTTIYAM, TRICHY DISTRICT.
4.THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE DEAN, GOVERNMENT RAJAJI HOSPITAL, MADURAI.
ORDER
IN CRL OP(MD) No.2962 of 2021 Date :24/02/2021 SJI TK/PN/SAR.4/04.03.2021/3P/6C 3/3