Rajasekar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Rajasekar ... Petitioner /Accused Rank not known Vs The Inspector of Police, Thiruvidaimaruthur Police Station, Thanjavur District.

(Crime No.194 of 2024)

...Respondent/Complainant

For Petitioner :

Mr.T.R.Subramanian, Advocate For Respondent :

Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor.

PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticpatory Bail in Crime No.194 of 2024 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Section 379 IPC and Section 21(1) of the 1/4

Mines and Minerals (Development & Regulation)Act, 1957 in Crime No.194 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner has illegally transported three units of red sand.

3.The learned counsel appearing for the petitioner submits that the petitioner has not indulged in such criminal activities. However, the respondent police has falsely implicated the petitioner in this case. 4.The learned Additional Public Prosecutor for the respondent submits that the petitioner is not having any previous case pending as against him. 5.Considering the facts and circumstances of this case and also considering that the petitioner is not having any previous case pending as against him, this Court is inclined to grant anticipatory bail to the petitioner. 6.

Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned District Munsif-cum Judicial Magistrate, Thiruvidaimaruthur on condition that the petitioner shall execute a bond for a sum of Rs.

conditions that:

i. The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the Government in proof of their residence address; ii. The petitioner shall appear before the respondent police daily at 10.30 am for a period of two weeks and thereafter as and when required. He has to co-operate for the investigation. iii. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well.

iv. On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 04/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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GNS To 1.The District Munsif cum Judicial Magistrate, Thiruvidaimaruthur.

2.Do through the Chief Judicial Magistrate, Thanjavur District at Kumbakonam.

3.The Inspector of Police, Thiruvidaimarudhur Police Station, Thanjavur District.

4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.T.R.SUBRAMANIAN, Advocate ( SR-4156[I] dated 04/04/2024 )

ORDER

IN CRL OP(MD) No.5290 of 2024 Date :04/04/2024 ED/ VR /SAR- (15/04/2024) 4P / 6 C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4