Venkatesan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2020 PRESENT The Hon`ble Dr.Justice G.JAYACHANDRAN Venkatesan ... Petitioner/Name not found Vs The State rep. by The Inspector of Police, Vattathikottai Police Station, Thanjavur-District.

Cr.No. 734 of 2020..

... Respondent/Complainant For Petitioner : M/s.D.Veerasekaran, Advocate.

For Respondent : Mr.S.Chandarasekar, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- To enlarge the petitioner on bail in the event of arrest pending investigation in Cr.No. 734 of 2020 on the file of the respondent and pass such further or other orders. ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent. 2.The petitioner apprehending arrest at the hands of the respondent police for the offences punishable under Sections 379 of I.P.C. and 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.734 of 2020, on the file of the respondent police, seeks anticipatory bail.

3.The case of the prosecution is that the petitioner illegally transported two units of river sand by using Tipper Lorry bearing Regn.No.TN-28-AJ-9388. Hence, a case has been registered. 1/3

4.The learned Additional Public Prosecutor appearing for the State would submit that the quantity of sand involved is two units and the same was recovered by the respondent police. 5.Taking note of the above facts, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Pattukottai, Thanjavur District, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall deposit a sum of Rs.80,000/- (Rupees Eighty Thousand only) before the concerned District Mineral and Foundation Trust on or before 15.07.2020, without prejudice and subject to outcome of the trial;

(c)petitioner shall report before the respondent police as and when required for interrogation;

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

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

(f)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;

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

sd/- 30/06/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT.

2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT AT KUMBAKONAM 3 THE INSPECTOR OF POLICE VATTATHIKOTTAI POLICE STATION, THANJAVUR-DISTRICT.

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

COPY TO THE OFFICER INCHARGE, DISTRICT MINERAL AND FOUNDATION TRUST, THANJAVUR DISTRICT.

ORDER

IN CRL OP(MD) No.6683 of 2020 Date :30/06/2020 PD/JC/SAR 2/01.07.2020/3P/6C 3/3