Madras High CourtCRL OP(MD)/8960/2015ordered

Raja@Pushparaja Thilagam, v. State Through The

2015-05-06Honourable Mr Justice P. N. Prakash2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of May Two Thousand Fifteen PRESENT The Hon`ble Mr Justice P.N.PRAKASH CRL OP(MD) No.8960 of 2015 RAJA@PUSHPARAJA THILAGAM, ... PETITIONER/SOLEACCUSED Vs STATE THROUGH THE SUB-INSPECTOR OF POLICE, KARIVALAMVANTHANALLUR POLICE STATION, IN TIRUNELVELI DISTRICT. ... RESPONDENT / COMPLAINANT CRIME NO.130 OF 2015, For Petitioner : M/S.R.RAMASAMY Advocate For Respondent : M/S.A.P.BALASUBRAMANIAN, Govt. Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 (Theft of sand), 294(b), 353, 506(ii) IPC r/w 21(i)(iv) of Mines and Minerals Act, in Crime No.130 of 2015 on the file of the respondent police, seeks anticipatory bail.

2. It is alleged that when the police officials made an inspection near Panaiyur Nitsevanathi River, they found that the petitioner transported half unit of sand, without having valid permit.

3. Learned Government Advocate (Crl.Side) submits that there is no previous case as against this petitioner.

4. Considering the fact that the petitioner has no antecedent, I am inclined to grant anticipatory bail to the petitioner. 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, Sankarankovil, Tirunelveli District, on condition that 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:

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[a] the petitioner shall report before the respondent police daily at 06.30 p.m., for a period of two weeks and thereafter, as and when required for interrogation.

[b] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[c] the petitioner shall not abscond either during investigation or trial.

[d] 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 as if the conditions have been imposed and the petitioner 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].

[e] The Inspector of Police concerned is directed to send a compliance report to the Office of the learned Government Advocate (Criminal side), whether the petitioner is complying with the order or not. sd/- 06/05/2015 / TRUE COPY / Sub-Assistant Registrar (C.S.) TO 1 THE JUDICIAL MAGISTRATE, SANKARANKOVIL.

2 -DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE ADDL. PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

4 THE SUB-INSPECTOR OF POLICE, KARIVALAMVANTHANALLUR POLICE STATION, TIRUNELVELI DISTRICT. +1. CC to M/S.R.RAMASAMY Advocate SR.No.25089. TS/07.05.2015/2P-6C

ORDER

IN CRL OP(MD) No.8960 of 2015 Date :06/05/2015 https://hcservices.ecourts.gov.in/hcservices/