Saravanan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/03/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR

1. Saravanan

2. Paramasivam ... Petitioners/Accused Nos.2 & 4 Vs The State rep.by The Inspector of Police, Annavasal Police Station, Pudukkottai District.

(Cr.No.44 of 2022).

... Respondent/Complainant For Petitioner : M/s.GANAPATHI SUBRAMANIAN.P, Advocate.

For Respondent : Mr.M.MUTHUMANIKKAM, Counsel for Government of Tamil Nadu(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.44 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A2 and A4, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC and Sections 21(1) and 21(2) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.44 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners have illegally transported three units of river sand. Hence, the complaint.

3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have been falsely implicated in this case. He would further submit that A1 and A3 were already released on bail by the Principal District and Sessions Judge, Pudukkottai in Cr.M.P.No.808 of 2022, dated 01.03.2022. However, he would further submit that the petitioners without prejudice to their right, are ready to deposit the amount that may be imposed by this Court.

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4.The learned Government Advocate (Crl. side) appearing for the respondent police would submit that the petitioners have transported three units of river sand illegally. He would further submit that the first petitioner is having one previous case and that the second petitioner is having three previous cases, out of which, two cases relating to similar offence. 5.Considering the nature of the offence alleged and also the fact that A1 and A3 were already released on bail by the Principal District and Sessions Judge, Pudukkottai, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.Accordingly, the first petitioner shall pay a sum of Rs.20,000/- (Rupees Twenty Thousand only) and the second petitioner shall pay a sum of Rs.35,000/- (Rupees Thirty Five Thousand only) to the credit of the District Mineral Foundation Trust, Pudukkottai District, without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned District Munsif cum Judicial Magistrate, Illupur, Pudukkottai District.

7.On production of such receipt/acknowledgment, 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 District Munsif cum Judicial Magistrate, Illupur, Pudukkottai District, on condition that the petitioners shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only)each with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that:

[a]the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioners shall report before respondent police daily at 10.30 a.m., for a period of one month and thereafter, as and when required for interrogation.

[c]the petitioners shall not tamper with the 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 petitioner 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]. 2/3

[f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 04/03/2022 / TRUE COPY / / /2022 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, ILLUPUR, PUDUKKOTTAI DISTRICT.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

3 THE INSPECTOR OF POLICE ANNAVASAL POLICE STATION, PUDUKKOTTAI DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE DISTRICT MINERAL FOUNDATION TRUST, PUDUKKOTTAI DISTRICT.

+1. CC to M/S.GANAPATHI SUBRAMANIAN.P Advocate SR.No.1761

ORDER

IN CRL OP(MD) No.4246 of 2022 Date :04/03/2022 SA/VR/SAR.4/10.03.2022/3P/7C 3/3