Sudalaikannu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.11366 of 2016 1 SUDALAIKANNU 2 SENGAMALAI UDAYAR ...PETITIONERS/ACCUSED 1&2 Vs THE STATE BY THE INSPECTOR OF POLICE NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

(CRIME NO.168 OF 2016) ... RESPONDENT/COMPLAINANT For Petitioner : M/S C.SUSIKUMAR Advocate For Respondent : Mr.P.KANNITHEVAN, Government Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 379 (sand), 353, and 506(ii) of IPC r/w. 21(1)(v) of the Mines and Mineral (Development and Regulations) Act, 1951 in Crime No.168 of 2016, seek anticipatory bail.

2. The case of the prosecution is that the petitioners are alleged to have transported one unit of sand by using Tractor without valid license. On complaint, a case has been registered against the petitioners.

3. The learned counsel for the petitioners submitted that the petitioners are innocent and they have not committed any offence as alleged by the prosecution and their names have been falsely implicated in this case.

4. The learned Government Advocate (Crl. Side) submitted that the there is no previous case against the petitioner and the investigation of the case is pending.

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5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners.

Accordingly, 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 Judicial Magistrate, Nanguneri on condition that each of the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[a] the petitioners shall deposit a sum of Rs.3,000/- (Rupees Three Thousand only) to the credit of the above said Crime No.168 of 2016.

[b] the petitioners shall report before the respondent police daily at 10.00 am until further orders.

[c] the petitioners shall not tamper with 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 petitioners 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]. sd/- 12/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, NANGUNERI 2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, NANGUNERI POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to M/S C.SUSIKUMAR Advocate SR.No.36149

ORDER

IN CRL OP(MD) No.11366 of 2016 Date :12/07/2016 trp SH/ARK-PV/SAR-II:15.07.2016:2P/6C https://hcservices.ecourts.gov.in/hcservices/