Dharmaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the First day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13450 of 2016 DHARMARAJ ... PETITIONER/ACCUSED Vs STATE REP BY THE INSPECTOR OF POLICE MOOLAIKARAIPATTI POLICE STATION, TIRUNELVELI DISTRICT.

CRIME NO.78 OF 2016 ... RESPONDENT/COMPLAINANT For Petitioner : M/S T.A.EBENEZER 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 petitioner, who is arrayed as accused apprehends arrest at the hands of the respondent police for an alleged offence punishable under Sections 379 (Sand theft) of IPC and 21(1) of Mines and Minerals Act, 1957 in Crime No.78 of 2016, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has transported one unit of sand without any valid permit, by using Lorry bearing Regn.No. TN 407. On complaint, a case has been registered against the petitioner.

3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has 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 petitioner alleged to have transported one 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 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, Nanguneri on condition that the petitioner https://hcservices.ecourts.gov.in/hcservices/

shall deposit a sum of Rs.3,000/- (Rupees Three Thousand only) to the credit of Crime No.78 of 2016 and 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 petitioner shall report before the respondent police daily at 10.00 am until further orders.

[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]. sd/- 01/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE,NANGUNERI 2 THE CHIEF JUDICIAL MAGISTRATE,TIRUNELVELI 3 THE INSPECTOR OF POLICE MOOLAIKARAIPATTI POLICE STATION, TIRUNELVELI DISTRICT. 4 THE ADDL PUBLIC PROSECUTOR MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to M/S T.A.EBENEZER Advocate SR.No.41340

ORDER

IN CRL OP(MD) No.13450 of 2016 Date :01/08/2016 AA/ARK-PV/SAR-I/04.08.2016/2p-6c https://hcservices.ecourts.gov.in/hcservices/