Thulasi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Friday, the Eighth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI THULASI ... PETITIONERS/SOLE ACCUSED Vs THE INSPECTOR OF POLICE VALLANADU POLICE STATION, MARUNGAPURI TALUK, TRICHY DISTRICT.

CRIME NO.32/2024.

... RESPONDENT/COMPLAINANT For Petitioner :

M/S.T.VADIVELAN, Advocate For Respondent :

MR.S.MANIKANDAN, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL UNDER SEC 438 OF CR.P.C. PRAYER :

FOR ANTICIPATOY BAIL IN CRIME NO.32/2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent Police for the alleged offence under Sections 379 IPC r/w Section 21(4) of Mines and Minerals 1/5

(Development and Regulation) Act, 1957 in Crime No.32 of 2024, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner was found in illegal transportation of 1 unit of gravel sand using tipper lorry bearing Registration No.TN 55 PT 5253. Hence, the case.

3.The learned counsel appearing for the petitioner would submit that the petitioner has not committed any offence as alleged by the prosecution. However, on instruction, he would further submit that the petitioner, without prejudice to his rights, is ready to deposit a sum of Rs.10,000/- to the fund of Madurai Bench of High Court Advocates Association (MBHAA) Programme Schedule "Civil Procedure Code, 1908 on Judicial and Practical Exam Point of View", hence, he prays for anticipatory bail.

4.The learned Government Advocate (Crl.Side) appearing for the respondent Police strongly opposed to grant anticipatory bail, stating that the petitioner had transported 1 unit of gravel sand illegally using tipper lorry and the said vehicle was seized by the respondent police and the investigation is going on. Further, three previous cases are pending against the petitioner, among which, one case is similar in nature.

5.Considering the facts and circumstances of the case, this Court is inclined to 2/5

grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Manapparai, 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: (a)if the petitioner failed to surrender before the concerned Magistrate within a period of two weeks from the date of receipt of a copy of this order, this order shall stand automatically cancelled;

(b)(i) as per the undertaking given by the petitioner, the petitioner is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) through demand draft in favour of the fund of Madurai Bench of High Court Advocates Association (MBHAA) Programme Schedule "Civil Procedure Code, 1908 on Judicial and Practical Exam Point of View", without prejudice to his defence before the trial Court and the learned Judicial Magistrate, after perusing the challan/receipt, shall accept the sureties furnished by the petitioner;

(ii) the President of the above said association is directed to utilize of above 3/5

money in the said programme and report same with necessary proofs of accounts, receipts and documents before the concerned Judicial Magistrate and the Registrat, Madurai Bench of Madras High Court, Madurai.

(iii) the petitioner shall make the above deposit before the execution of the sureties.

(c)the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(d)the petitioner shall report before the respondent Police daily at 10.30 a.m, for a period of two weeks and thereafter, as and when required for interrogation; (e)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(f)the petitioner shall not abscond either during investigation or trial; (g)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]; and; 4/5

(h)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 08/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

INDU TO 1 THE JUDICIAL MAGISTRATE, MANAPPARAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT. 3 THE INSPECTOR OF POLICE, VALLANADU POLICE STATION, MARUNGAPURI TALUK, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO THE OFFICER INCHARGE, MADURAI BENCH OF HIGH COURT ADVOCATES ASSOCIATION (MBHAA), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN Date :08/03/2024 RS/JGB/SAR-(15.03.2024) 5P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5