Ranjithkumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Third day of October Two Thousand Seventeen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL OP(MD) No.14112 of 2017 RANJITHKUMAR ... PETITIONER / ACCUSED NO.1 Vs STATE REPRESENTED BY THE INSPECTOR OF POLICE MUSIRI POLICE STATION, MUSIRI TALUK, TRICHY DISTRICT, CRIME NO.319 OF 2017 ... RESPONDENT / COMPLAINANT For Petitioner : M/S.R.MAHESWARAN 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 No.1, apprehends arrest at the hands of the respondent police for the offences punishable under Sections 379, 294(b), 353 and 506(i) of I.P.C read with Section 21 (1) of Mines and Minerals (Development and Regulation) Act 1957, in Crime No.319 of 2017, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the petitioner and his friends illegally transported the sand from the riverbed of Kaveri through lorry. Hence, the respondent police registered a case against the petitioner.
3. The learned counsel for the petitioner submitted that the petitioner is an innocent 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 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, Musiri, 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) each to the credit of Crime No.319 of 2017 before the learned Judicial Magistrate, Musiri, 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.
(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/- 23/10/2017 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
mrn TO 1 THE JUDICIAL MAGISTRATE, MUSIRI 2 THE CHIEF JUDICIAL MAGISTRATE TRICHY DISTRICT 3 THE INSPECTOR OF POLICE MUSIRI POLICE STATION, MUSIRI TALUK, TRICHY DISTRICT, 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
GJM/RR/BS/SAR-3-31.10.2017-3P-5C
ORDER
IN CRL OP(MD) No.14112 of 2017 Date :23/10/2017