Manickam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Sixth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13529 of 2017 MANICKAM ... PETITIONER / ACCUSED NO.6 Vs STATE REP.BY THE INSPECTOR OF POLICE IRUKKANKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT. CR.NO.187/2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.P.SARAVANAKUMAR Advocate For Respondent : Mr.K.Anbarasan, Govt. 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 No.6, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379 of I.P.C r/w 21 (1) of Mines and Minerals Act in Crime No.187 of 2017, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 20.09.2017, the petitioner said to have illegally transported 2 units of river-sand at Nerkadavur near Vaippar River bed through the Tipper Lorry bearing Registration No.TN-67-BA-1624 and JCB bearing Registration No. TN-29-AH-9975.
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.
4. The learned Government Advocate (Crl.side) appearing for the State submitted that the Tipper Lorry and JCB was 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 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 his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Sattur, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees twenty five thousand only) each 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.15,000/- (Rupees fifteen thousand only) to the credit of Crime No.187 of 2017 before the learned Judicial Magistrate No.II, Sattur, 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 make themselves available for interrogation including custodial interrogation as and when required by the investigation officer;
(v) the petitioner shall not commit any offence while on bail;
(vi) 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/- 06/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE NO.II, SATTUR 2 -DO-THRO THE CHIEF JUDICIAL MAGISTRATE VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR 3 THE INSPECTOR OF POLICE IRUKKANKUDI POLICE STATION, VIRUDHUNAGAR DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S.P.KALAIYARASI BHARATHI Advocate SR.No.32271
ORDER
IN CRL OP(MD) No.13529 of 2017 Date :06/10/2017 SM:CM-MSA:SAR I:11.10.2017:3P/6C