Eswaran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/05/2021 PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN

1. Eswaran

2. Dharmalingam ... Petitioners/Accused 1 & 2 Vs The State Rep.by The Inspector of Police, Kollidam Police Station, Trichy District.

Crime No. 117 of 2021.

... Respondent/Complainant For petitioners : Mr.J.Mohamed Ibrahim, Advocate.

For Respondent : Mr.R.Erottuchamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.117 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.117 of 2021 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioners illegally transported one unit of river sand without valid permission from the authorities.

3.The learned counsel for the petitioners would submit that the petitioners are innocent and a false complaint has been lodged against them and they pray for anticipatory bail. 1/3

4.The learned Government Advocate(Crl.Side) appearing for the respondent would submit that when the Village Administrative Officer, went to the place of occurrence he found that the petitioners had illegally transported one unit of river sand in his vehicle bearing registration No.TN 60 C 9275. He further submitted that the sand and the vehicle were seized by the respondent police. 5.Taking into consideration the facts and circumstances of the case and also fact that the sand and the vehicle were seized, this Court is inclined to grant anticipatory bail to the petitioner.

6. Accordingly, the petitioners are ordered to be released on bail on their executing a bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties, each for a like sum to the satisfaction of the Judicial Magistrate, Srirangam, Trichy District, and on further conditions that:

[a] the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar cards or Bank pass Books to ensure their identity. [b]the petitioners are directed to deposit a sum of Rs.12,000/- (Rupees Twelve Thousand only) to the credit of 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; [c] the petitioners shall report before the respondent police on the first working day of every English Calendar month, at 10.30 a.m., until further orders.

[d]the petitioners shall not abscond either during investigation or trial.

[e]the petitioners shall not tamper with evidence or witness 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]. [g]If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 12/05/2021 / 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, SRIRANGAM, TRICHY DISTRICT.

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

3.THE INSPECTOR OF POLICE, KOLLIDAM POLICE STATION, TRICHY DISTRICT.

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

COPY TO:

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

ORDER

IN CRL OP(MD) No.6678 of 2021 Date :12/05/2021 MRN AE/VR/SAR-IV/20.05.2021/3P/6C 3/3