Gilbert Singh v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/05/2021 PRESENT The Hon'ble Mr.Justice K.MURALI SHANKAR CRL OP(MD). No.6992 of 2021
1. Gilbert Singh
2. Devaraj ... Petitioners/1st and 2nd Accused Vs The State Rep. by The Inspector of Police, Kottar Police Station, Kanyakumari District.
Crime No. 251 of 2021 ... Respondent/Complainant For Petitioners : M/s.L.Jeen Felix Advocate.
For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.251 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 I.P.C and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.251 of 2021 on the file of the respondent police, seek anticipatory bail.
2.Heard both sides.
3.The case of the prosecution is that the petitioners without any valid permission had illegally transported 5 units of crusher dust, by using Lorry. Hence, this case has been registered. 4.The learned counsel for the petitioners would submit that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and the petitioners have been
falsely implicated in the present case and hence, he seeks anticipatory bail.
5.The learned Additional Public Prosecutor, on instructions, would submit that the second petitioner is having one previous case similar in nature and the property has been recovered. 6.Considering the facts and circumstances of the case and considering the fact that the property has been recovered and also considering the impact of Covid-19 pandemic situation and the consequent efforts not to congest the prisons, this Court is of the view that the arrest of the petitioners at this point of time is not necessary and not warranted in the interest of public at large, hence, this Court is inclined to grant anticipatory bail to the petitioners on certain conditions.
7.The petitioners shall be released in the event of arrest by the respondent police or on their surrender before the learned Judicial Magistrate No.II, Nagercoil, within a period of one month from the date of resumption of regular work in the Court below, to be released on bail on execution of bond for a sum of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties each for a likesum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the concerned Judicial Magistrate 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 card or Bank pass Book to ensure their identity. [b] the petitioners are directed to deposit a sum of Rs.
15,000/- (Rupees Fifteen Thousand only) each to the credit of Government of Tamil Nadu, CMPRF in IOB, Secretariat Branch, Chennai9 (Account No.
[c]the petitioners shall report before the respondent police as and when required for interrogation.
[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/- 26/05/2021 / TRUE COPY / / /2021 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, NAGERCOIL.
2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, KANYAKUMARI DISTRICT AT NAGERCOIL.
3. THE INSPECTOR OF POLICE, KOTTAR POLICE STATION, KANYAKUMARI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:- THE OFFICER INCHARGE, GOVERNMENT OF TAMIL NADU, CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI-9
ORDER
IN CRL OP(MD) No.6992 of 2021 Date :26/05/2021 TM TE/VR/SAR-IV : 31/05/2021 : 3P/6C