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Madras High CourtCRL OP(MD)/7775/2020ordered

Sathiyamoorthi v. The Inspector Of Police

2020-07-27Honourable Mr Justice V. Bharathidasan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/07/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN

1. Sathiyamoorthi

2. Soliyappan ... Petitioners/A3 & A4 Vs The State rep. by The Inspector of Police, Vangal Police Station Karur District.

(Crime No. 317 of 2020). ... Respondent/Complainant For Petitioner : M/s.M.Bindran, Advocate.

For Respondent : Mr.K. Suyambulinga Bharathi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 317 of 2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioners apprehending arrest at the hands of the respondent police for the offences punishable under sections 379 of I.P.C. r/w Section 21(1) of Tamilnadu Mines and Minerals Development and Regulation Act, 1955 in Crime No. 317 of 2020 on the file of the respondent police, seek anticipatory bail.

2. The case of the prosecution is that the petitioners who are arrayed accused Nos. A3 & A4 and the allegation is that the first petitioner/A-3 is owner of the land and the second petitioner/A-4 is broker illegally transported six units of river sand with the help of the driver of the lorry. Hence, a complaint has been registered.

3. Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent.

4. The learned counsel appearing for the petitioners submitted that the petitioners have not committed any offence as alleged by

the prosecution and they have been falsely implicated in this case. He would further submit that the six units of sand and lorry were seized by the respondent police. However, on instructions, he would further submit that the petitioners will voluntarily make a non refundable payment of Rs.30,000/-(Rupees Thirty Thousand Only) to the credit of Cancer Institute (WIA),No.38,Sardar Patel Road,Adyar, Chennai- 20 without prejudice to their right in the criminal case.

5. The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that there is no previous case pending as against the petitioners.

6. Considering the facts and circumstances of the case and considering the fact that there is no previous case as against the petitioners, I am inclined to grant anticipatory bail to the petitioners with certain conditions.

7. Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their 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 petitioners shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) each 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 petitioners 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 petitioners shall deposit a sum of Rs.30,000/- (Rupees Thirty Thousand only) to the credit of Cancer Institute (WIA),No.38,Sardar Patel Road,Adyar, Chennai- 20, within a period of one week without prejudice to his rights and contentions before the trial Court ;

(c) the petitioners shall report before the respondent police as and when required for interrogation. (d) the petitioners shall not tamper with evidence or witness either during investigation or trial; (e) the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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/petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 27/07/2020 / 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.

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 KARUR DISTRICT.

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

THE OFFICER IN CHARGE, CANCER INSTITUTE (WIA), NO.38, SARDAR PATEL ROAD, ADYAR, CHENNAI-20.

ORDER

IN CRL OP(MD) No.7775 of 2020 Date :27/07/2020 KSA SRS/ PN/ SAR-II/ 28.07.2020/ 3P/6C