Nagarajan v. The Sub-Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/06/2020 PRESENT The Hon'ble Mr.Justice M.DHANDAPANI
1. Nagarajan
2. P.Sankar ... Petitioners/Accused 1&2 Vs State represented through The Sub-Inspector of Police, Nathampatti Police Station, Virudhunagar District.
... Respondent/Complainant For Petitioners : M/s. K.Samidurai, Advocate. For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime.No. 249 of 2020 on the file of the respondent police ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioners and the learned Government Advocate(Crl. Side) appearing for the respondent.
2.The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.249 of 2020 on the file of the respondent police, seek anticipatory bail.
3.The case of the prosecution is that the first petitioner is the owner of the vehicle and the second petitioner is the owner of 1/3
the land. The Village Administrative Officer, by name, Senthilmayan had given a complaint stating that the petitioners had taken the sand from Poromboke Odai of Vadukapatti Village and stored in the agricultural land.
4.The learned counsel appearing for the petitioners submitted that the allegation in the complaint are all false. He would further submit that the petitioners did not commit any offence as alleged by the prosecution. Further, the learned counsel, on instructions from the petitioners, would submit that without any prejudice their rights and contentions, the petitioners are jointly ready to pay a sum of Rs.50,000/- (Rupees Fifty Thousand Only), as non-refundable compensation, by way of Demand Draft, in favour of 'The Dean, Madurai Medical College Hospital, Madurai District', for the purpose of providing facilities to the Health workers.
5. The learned Government Advocate(Criminal Side) submitted that the petitioners had taken the sand from Poromboke Odai of Vadukapatti Village and stored the same in the agricultural land. The learned Government Advocate (criminal side) has not raised any serious objections in granting anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with certain conditions.
(i) Accordingly, petitioners are ordered to be released on bail in the event of arrest or on their appearance before the learned Judicial Magistrate No.I, Srivilliputhur and on their executing 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 learned Magistrate concerned;
(ii) The petitioners are directed to pay a sum of Rs.50,000/- (Rupees Fifty Thousand Only), jointly, by way of Demand Draft, in favour of 'The Dean, Madurai Medical College Hospital, Madurai District', on or before 29.06.2020, for the purpose of providing facilities to the Health workers, as non-refundable compensation, without prejudice their rights and contentions, since the Health workers put their lives at risk every day and play a critical role in preventing the spread of COVID-19 Pandemic;
(iii) The petitioners shall appear before the respondent police for a period of two weeks daily at 05.00 p.m and thereafter, as and when required for interrogation.
(iv)on breach of any of the aforesaid conditions, 2/3
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 petitioners released on bail by the learned Magistrate/Trial Court themselves as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;
(v)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
7.The petitioners shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail shall stand dismissed.
8.The petitioners shall comply with the conditions stipulated under Section 438 Cr.P.C scrupulously.
sd/- 15/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
TO
1. THE JUDICIAL MAGISTRATE No.I, SRIVILLIPUTHUR.
2. -DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3. THE SUB-INSPECTOR OF POLICE, NATHAMPATTI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:- THE DEAN, MADURAI MEDICAL COLLEGE HOSPITAL, MADURAI DISTRICT.
ORDER IN CRL OP(MD) No.6080 of 2020 Date :15/06/2020 SKN/MPK TE/JC/SAR-III : 17/06/2020 : 3P/6C 3/3