Karuppaiah v. The Sub-Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/06/2020 PRESENT The Hon'ble Dr.Justice G.JAYACHANDRAN Karuppiah ... Petitioner/Sole Accused Vs State Rep. by The Sub-Inspector of Police, Rajapalayam North Police Station, Virudhunagar District.

(Crime No.307/2020). ... Respondent/Complainant For Petitioner : M/s.M.Jothi Basu, Advocate.

For Respondent : Mr.R.Anandharaj, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.307/2020 on the file of the Respondent police.

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 4(1) (1A) and 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.307 of 2020, on the file of the respondent police, seeks anticipatory bail.

3.The case of the prosecution is that on 09.05.2020, the petitioner illegally transported 1⁄4 unit of river sand by using bullock cart.

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4.The learned Additional Public Prosecutor appearing for the State would submit that the quantity of sand involved is 1⁄4 unit and the same was recovered by the respondent police. 5.Taking note of the fact and the submission made by the learned Additional Public Prosecutor, this Court is inclined to grant anticipatory bail to the petitioner by imposing 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 four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Rajapalayam on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall deposit a sum of Rs.20,000/- (Rupees Twenty Thousand only) before the concerned District Mineral and Foundation Trust on or before 05.07.2020, 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/- 29/06/2020 / 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, RAJAPALAYAM.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT.

3. THE SUB-INSPECTOR OF POLICE, RAJAPALAYAM NORTH POLICE STATION, VIRUDHUNAGAR DISTRICT.

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

COPY TO:- THE OFFICER INCHARGE, DISTRICT MINERAL AND FOUNDATION TRUST, VIRUDHUNAGAR DISTRICT.

ORDER

IN CRL OP(MD) No.6722 of 2020 Date :29/06/2020 SJI TE/JC/SAR-II : 01/07/2020 : 3P/6C 3/3