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Madras High CourtCRL OP(MD)/4766/2021granted

Vasu @ Vasudevan v. The Inspector Of Police

2021-03-31Honourable Mr Justice B.Pugalendhi3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 31/03/2021 PRESENT The Hon'ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD). No.4766 of 2021 Vasu @ Vasudevan ... Petitioner/Accused-2 Vs The State Rep. by The Inspector of Police, Ammapet Police Station, Thanjavur District Crime No. 1267/2020 ... Respondent/Complainant For Petitioner : Mr.Mathavan.G., Advocate.

For Respondent : Mr.R.Srinivasan, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.1267 of 2020 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/ accused apprehending arrest at the hands of the respondent police for the offences punishable under sections 379 I.P.C r/w. Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner without valid permission had illegally transported one unit of sand. 3.The learned counsel appearing for the petitioner submitted that the petitioner never committed any offence as alleged by the prosecution He would further submit that at the time of seizing the vehicle there is no sand in the said vehicle.

4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that petitioner without valid permission had illegally transported one unit of sand and no previous case is pending against the petitioner.

5. It is seen that the vehicle used for transporting the sand is 407 van bearing Reg. No. TN 75 C 8374 and from the photos produced it is seen that there is no sand in the said vehicle and in the First Information Report there is no mention about what type of sand has been transported.

6.Considering the facts and circumstances of the case and also considering the fact that there is no previous case pending against the petitioner this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7.Accordingly, the petitioner shall draw a demand draft in favour of The Dean, Medical College and Hospital, Thanjavur for a sum of Rs.10,000/- (Rupees Ten thousand only) without prejudice to his rights and contentions before the trial Court. The petitioner shall produce the proof of remittance /submission of Demand Draft while executing sureties. On acknowledgment of the same the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned District Munsif cum Judicial Magistrate, Papanasam Thanjavur District, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)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.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)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;

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

sd/- 31/03/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, PAPANASAM, THANJAVUR DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE INSPECTOR OF POLICE, AMMAPET POLICE STATION, THANJAVUR DISTRICT.

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

COPY TO:- THE DEAN, MEDICAL COLLEGE AND HOSPITAL, THANJAVUR.

ORDER

IN CRL OP(MD) No.4766 of 2021 Date :31/03/2021 AAV TE/JC/SAR-III : 08/04/2021 : 3P/6C