Kannan @ Kannan Devan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/07/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN Kannan @ Kannan Devan ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Vangal Police Station, Vangal,Karur District.
(Crime No.53 of 2020) ... Respondent/Complainant For Petitioner : M/s.K.Arunraj, 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.53 of 2020 on the file of the respondent police.
ORDER : The Court made the following order :- The petitioner is figuring as the first accused in Crime No.53 of 2020 on the file of the respondent police for the offences punishable under Sections 379 of I.P.C. r/w 21(1) of Mines and Minerals (Development and Regulation) Act, 1957. 2.The case of the prosecution is that the petitioner and other accused have illegally transported three units of river sand. 3.The learned counsel appearing for the petitioner would submit that the petitioner/A-1 is said to be a broker in selling the sand. He would further submit that A-2 and A-3 are the driver and owner of the lorry and they were already released on bail on condition to deposit a sum of Rs.50,000/- before the concerned Court. 4.The learned Government Advocate (Crl. side) appearing for the State submitted that the total quantity of sand involved is three units and the same was recovered by the respondent police. 1/3
5.Considering the facts and circumstances of the case and also considering the fact that A-2 and A-3 were already released on bail, 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 his appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.II, Karur, on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a)the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;
(b)the petitioner shall report before the respondent police 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 petitioner/accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 15/07/2020 / TRUE COPY / / /2020 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.
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TO
1. THE JUDICIAL MAGISTRATE NO.II, KARUR.
2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR DISTRICT.
3. THE INSPECTOR OF POLICE, VANGAL POLICE STATION,VANGAL,KARUR DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.7393 of 2020 Date :15/07/2020 MS/VR/SAR-3/17.07.2020/3P.5C 3/3