Velayutham v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13492 of 2017 VELAYUTHAM ... PETITIONER / ACCUSED RANK NOT KNOWN Vs STATE REP.BY THE INSPECTOR OF POLICE THOTTIYAM POLICE STATION, TRICHY DISTRICT, CR.NO.388/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.SUBASH BABU Advocate For Respondent : MR.K.ANBARASAN Government Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who is arrayed as accused rank not known, apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 I.P.C r/w 21 (1) of Mines and Minerals (Development and Regulation) Act 1957 & Section 3 of Tamil Nadu Public Property (Prevention of Damage and Loss) Act 1992 in Crime No.388 of 2017, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that defacto complainant is a Village Administrative Officer, a property in Survey No.70/2 measuring 4.35.5 ares situated at Pathanithoppu belongs to K.S.T.V.School, further the said property was leased out to the first accused for agricultural purpose. The accused 1 and 2 illegally stored the river sand in the property and sell the sand for excess amount. On information, the defacto complainant inspected the property, where she seized 10 Taras lorries and 2 JCBs.

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

4. The learned Government Advocate (Crl.side) appearing for the State submitted that the vehicles were seized by the respondent police and the investigation is still pending.

5. Considering the facts and circumstances of the case and also considering the submission made by the learned Government Advocate (Crl.side) that the investigation is still pending, I am inclined to grant anticipatory bail to the petitioner with certain conditions. In view of increasing illegal sand mining activities, in order to curb illegal sand mining activities, it is necessary to impose some conditions. Accordingly, the petitioner is 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 Judicial Magistrate, Musiri, Trichy District, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) with two sureties 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.7,500/- (Rupees Seven Thousand and Five Hundred only) to the credit of Crime No.388 of 2017 before the learned Judicial Magistrate, Musiri, Trichy District, without prejudice to his defence before the trial Court.

(ii) the petitioner shall report before the respondent police daily at 10.00 a.m and 05.00 p.m., for a period of four weeks and thereafter, as and when required for interrogation; (iii) the petitioner shall not tamper with evidence or witness either during investigation or trial. (iv) the petitioner shall not commit any offence while on bail;

(v) 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 and the anticipatory bail granted stands cancelled automatically. sd/- 09/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

sm TO 1 THE JUDICIAL MAGISTRATE, MUSIRI , TRICHY DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT 3 THE INSPECTOR OF POLICE THOTTIYAM POLICE STATION, TRICHY DISTRICT.

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

+1. CC to M/S.M.SUBASH BABU Advocate SR.No.32412 GJM/CM/MSA/SAR-2-3P-6C-12.10.17

ORDER

IN CRL OP(MD) No.13492 of 2017 Date :09/10/2017