Arunraja v. The Inspecto Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twelfth day of March Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice M.DHANDAPANI ARUNRAJA ... PETITIONER / SOLE ACCUSED Vs THE INSPECTO OF POLICE MANUR POLICE STATION TIRUNELVELI DISTRICT.

CRIME NO.170/2024.

... RESPONDENT / COMPLAINANT For Petitioner : MR.C.SARAVANAKUMAR Advocate For Respondent : Mr.S.MANIKANDAN, Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. PRAYER:

FOR ANTICIPATORY BAIL IN CRIME NO.170/2024 ON THE FILE OF THE RESPONDENT POLICE.

ORDER : The Court Made the following order :- The petitioner/Sole Accused, who apprehends arrest at the hands of the respondent police for the alleged offence under Section 379 of IPC, in Cr.No.170 of 2024, on the file of the respondent police, seeks anticipatory bail. 1/6

2.The case of the prosecution is that the petitioner was involved in illegal transportation of 6 units of saral sand. 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 instructions, he further submitted that the petitioner, on his own volition, is ready and willing to deposit a sum of Rs.25,000/- to the Government Higher Secondary School, Vadakku Ariyanayagipuram, Cheranmahadevi (Taluk), Tirunelveli District, for providing water purifier machine to the school, and hence, he prays for grant anticipatory bail to the petitioner. 4.The learned Government Advocate (Crl.Side) appearing for the State strongly opposed to grant bail stating that the petitioner was involved in illegal transportation of 6 units of river sand and the petitioner has one previous case of similar in nature.

5.Considering the facts and circumstances of the case and also considering the amount of sand involved in this case, this court is inclined to grant anticipatory bail to the petitioner with certain conditions.

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6.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 Court No.V, Tirunelvlei, 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 15 days 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 pay a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) to the Headmaster, Government Higher Secondary School, Vadakku Ariyanayagipuram, Cheranmahadevi (Taluk), Tirunelveli District, for providing water purifier machine to the school, by way of Demand Draft, without prejudice to his defence before the trial Court and produce the receipt/acknowledgment before the trial Court while executing the sureties; 3/6

(ii) After completion of work in the said school by using the above mentioned deposit amount, the Headmaster, Government Higher Secondary School, Vadakku Ariyanayagipuram, Cheranmahadevi (Taluk), Tirunelveli District, shall send a necessary proof along with photographs before the concerned trial Court as well as the Registrar, Madurai Bench of Madras High Court, Madurai, within a period of eight weeks.

(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 4/6

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

sd/- 12/03/2024 / TRUE COPY / /03/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO 1 THE JUDICIAL MAGISTRATE NO.V TIRUNELVELI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI.

3 THE INSPECTO OF POLICE MANUR POLICE STATION TIRUNELVELI DISTRICT.

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

COPY TO:

THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

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THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

THE HEADMASTER, GOVERNMENT HIGHER SECONDARY SCHOOL, VADAKKU ARIYANAYAGIPURAM, CHERANMAHADEVI (TALUK), TIRUNELVELI DISTRICT +1 CC to M/s.C.SARAVANA KUMAR, Advocate ( SR-3157[I] dated 13/03/2024 )

ORDER

IN Date :12/03/2024 SS/VR/SAR- /18/03/2024/6P/9C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6