Muthumalai v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twelfth day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.13833 of 2017 MUTHUMALAI ... PETITIONER / ACCUSED RANK NOT KNOWN Vs THE STATE REP.BY, THE INSPECTOR OF POLICE KURUMBUR POLICE STATION, TUTICORIN DISTRICT (CRIME NO.143 OF 2017) ... RESPONDENT / COMPLAINANT For Petitioner : M/S.M.S.JEYAKARTHIK 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 Rank not known, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 147, 294(b), 353, 506(ii) and 379 of I.P.C in Crime No.143 of 2017, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that on 03.10.2017 at 6 p.m, when the respondent police has conducted the vehicle check up, they found that the petitioner has illegally transported one unit of river sand through lorry bearing Registration No.TN-60-2277 without any valid permission.
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 lorry 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 illegal sand mining activities and in order to curb the same, it is necessary to impose some https://hcservices.ecourts.gov.in/hcservices/
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, Srivaikundam, 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 each 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.20,000/- (Rupees Twenty thousand only) to the credit of Crime No.143 of 2017 before the learned Judicial Magistrate, Srivaikundam, 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 himself 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 petitioners in accordance with law and the anticipatory bail granted stands cancelled automatically.
sd/- 12/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, SRIVAIKUNDAM.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TUTICORIN DISTRICT. 3 THE INSPECTOR OF POLICE, KURUMBUR POLICE STATION, TUTICORIN DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.M.S.JEYAKARTHIK Advocate SR.No.32872 ORDER IN CRL OP(MD) No.13833 of 2017 Date :12/10/2017 MKV-RR-BS-SAR 3/20.10.2017/2P-6C https://hcservices.ecourts.gov.in/hcservices/