Mariappan, v. The Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Third day of August Two Thousand Sixteen PRESENT The Hon`ble Ms.Justice V.M.VELUMANI CRL OP(MD) No.13718 of 2016 1 MARIAPPAN, 2 MAYANDI, ... PETITIONERS / ACCUSED NO.1 & 2 Vs THE STATE REP.BY ITS, THE INSPECTOR OF POLICE, MURAPPANADU POLICE STATION, TUTICORIN DISTRICT.
(CRIME NO.165/2016) ... RESPONDENT / COMPLAINANT For Petitioner : M/S S.R.DURAIRAJ 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 (Sand) of the IPC r/w. Section 21 of the Mines and Minerals (Development and Regulations) Act, 1951 in Crime No.165 of 2016, seek anticipatory bail.
2. The case of the prosecution is that the petitioners transported 1⁄2 unit of sand without any valid permit, by using Bullockcart. 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 investigation of the case is pending and the A1 is having one previous case.
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, Srivaikundam on condition that the petitioner shall deposit a sum of Rs.3,000/- (Rupees Three Thousand only) to the credit of Crime No.165 of 2016 and each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) with two sureties each https://hcservices.ecourts.gov.in/hcservices/
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]. 6.The Inspector of Police concerned is directed to send a compliance report to the office of the learned Government Advocate, as to whether the petitioners are complying with the condition or not. sd/- 03/08/2016 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP TO 1 THE JUDICIAL MAGISTRATE,SRIVAIKUNDAM 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE,TUTICORIN DISTRICT 3 THE INSPECTOR OF POLICE,MURAPPANADU POLICE STATION, TUTICORIN DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI +1. CC to M/S S.JEYAKARTHIK Advocate SR.No.41713 GJM/SK/SKN/SAR-I-8.8.16-2P-6C
ORDER
IN CRL OP(MD) No.13718 of 2016 Date :03/08/2016 https://hcservices.ecourts.gov.in/hcservices/