Vivek v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22/03/2021 PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR 1.Vivek 2.Pressana ... Petitioners/Accused Nos.2 and 3 Vs State rep.by its The Inspector of Police, Melavalavu Police Station, Madurai District.
(Crime No.51/2021).
... Respondent/Complainant For Petitioners : Mr.M.Jegadeesh Pandian, Advocate.
For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.51/2021 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Section 379 IPC and Section 21(5) of the Mines and Minerals (Development and Regulation)Act, 1951, in Crime No.51 of 2021 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners and other accused were said to have illegally transported two and half units of gravel sand. Hence, a complaint has been registered. 3.The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioners. 1/3
4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the investigation is pending. 5.Considering the facts and circumstances of the case, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions.
6.Accordingly, the first petitioner shall draw a demand draft in favour of Dean, Government Rajaji Hospital, Madurai, for a sum of Rs.25,000/- (Rupees Fifteen Thousand only) and the second petitioner shall draw a demand draft in favour of Dean, Government Rajaji Hospital, Madurai, for a sum of Rs.10,000/-(Rupees Ten Thousand only)without prejudice to their rights and contentions before the trial Court. The petitioners shall produce the proof of remittance / submission of Demand Draft to Dean while executing sureties. 7.
On acknowledgment of the same by the Dean, Government Rajaji Hospital, Madurai, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Special District Judge for MMDR Act Cases, Madurai, on condition that the petitioner shall execute a bond for a sum of Rs.
(b)the petitioners shall report before the respondent police as and when required for interrogation;
(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]; and;
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(f)if the accused/petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 22/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1.THE SPECIAL DISTRICT JUDGE FOR MMDR ACT CASES, MADURAI.
2.THE INSPECTOR OF POLICE, MELAVALAVU POLICE STATION, MADURAI DISTRICT.
3.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE DEAN, GOVERNMENT RAJAJI HOSPITAL, MADURAI.
ORDER
IN CRL OP(MD) No.4195 of 2021 Date :22/03/2021 GNS AE/SMA/ (25/03/2021) 3P / 5C 3/3