Senthil @ Rajkumar v. The Special Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN Senthil @ Rajkumar ... Petitioner/Accused No.3 Vs State Rep.by The Special Sub Inspector of Police, Chinnamanur Police Station, Theni District.

Crime No.131/2021.

... Respondent/Complainant For Petitioner : Mr.G.Thalaimutharasu, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.131 of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/A3, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 379 of IPC r/w 21(1) of Mines and Minerals (Development and Regulation) Act 1957 in Crime No.131 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner along with the co-accused said to have illegally stolen and transported two units of red gravel sand on 19.03.2021. Hence, the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is only a load man and he is no way connected with the above said offence and he has been falsely implicated in this case. 4.The learned Government Advocate(Crl.Side) appearing for the respondent would submit that the petitioner is having no previous case and the co-accused in this case has already been arrested and released on bail on 19.03.2021.

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5.Taking note of the fact that the allegation against the petitioner and other accused is that they illegally removed red gravel sand and the co-accused has already been arrested and released on bail and the substantial portion of the investigation in this case is over, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance before the learned Judicial Magistrate, Uthamapalayam, within a period of fifteen days from the date of resumption of regular work in subordinate Courts, on his executing a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the said Magistrate 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 is directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai-9 (Account No.11720 10000 00070, IFSC Code: IOBA0001172), within a period of two weeks without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the learned Judicial Magistrate, Uthamapalayam;

[c] the petitioner shall report before the respondent police daily at 10.30 a.m., until further orders;

[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]; [g] If the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 08/06/2021 / TRUE COPY / / /2021 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, UTHAMAPALAYAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3. THE SPECIAL SUB INSPECTOR OF POLICE, CHINNAMANUR POLICE STATION, THENI DISTRICT.

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

THE OFFICER INCHARGE, THE CHIEF MINISTER PUBLIC RELIEF FUND, GOVERNMENT OF TAMILNADU, SECRETARIAT, CHENNAI-9.

ORDER

IN CRL OP(MD) No.7165 of 2021 Date :08/06/2021 SJI MS/PN/SAR-1/10.06.2021/3P.6C 3/3