Sekar, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Twenty Fifth day of July Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.12660 of 2016 1 SEKAR, 2 SETH @ HARIRAM SETH ... PETITIONERS/A1 AND A2 Vs THE STATE REP.BY THE INSPECTOR OF POLICE, ALANGULAM POLICE STATION, TIRUNELVELI DISTRICT.
CRIME NO.249 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S S.SATHYA CHIDHAMBRAM Advocate For Respondent : MR.P.KANNITHEVAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners, who are arrayed as accused nos. 1 and 2 apprehend arrest at the hands of the respondent police for an alleged offence punishable under Sections 379 (1) of IPC r/w. 21 (iv) of the Mines and Minerals Act in Crime No.249 of 2016, seek anticipatory bail.
2. The case of the prosecution is that the petitioners have transported 1⁄4 unit of sand without any valid permit, by using motor bike. 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 petitioners have transported 1⁄4 unit of sand and the investigation of the case is pending.
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, https://hcservices.ecourts.gov.in/hcservices/
before the learned Judicial Magistrate, Tenkasi on condition that the petitioners shall deposit a sum of Rs.3,000/- (Rupees Three Thousand only) to the credit of Crime No.249 of 2016 on the file of learned Judicial Magistrate, Tenkasi and each of the petitioners 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 report before the respondent police daily at 10.00 am until further orders.
[b] the petitioners shall not tamper with evidence or witness either during investigation or trial.
[c] the petitioners 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 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/- 25/07/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO 1 THE JUDICIAL MAGISTRATE, TENKASI, TIRUNELVELI DISTRICT. 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI. 3 THE INSPECTOR OF POLICE,ALANGULAM POLICE STATION, TIRUNELVELI DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECTUOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S S.SATHYA CHIDHAMBRAM Advocate SR.No.39527 TRP CSL/KBM/SAR-I/28.07.2016 : 2P/6C
ORDER
IN CRL OP(MD) No.12660 of 2016 Date :25/07/2016 https://hcservices.ecourts.gov.in/hcservices/