Rajmohan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Rajmohan

2. Pandeeswaran ... Petitioners/ Accused No.1 and 3

Versus

The Inspector of Police, Palamedu Police Station, Madurai District.

(Crime No.102 of 2024) ... Respondent/ Complainant For Petitioners :

Mr.B.Vinoth Kumar, Advocate For Respondent :

Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.102 of 2024 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, in connection with a case in Crime No.102 of 2024, for the offence under Section 21(1) 1/4

of Mines and Minerals (Development & Regulation) Act, 1957, r/w. 379 IPC, have filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioners have illegally transported six unit of red sand in tipper lorries bearing Reg.Nos.TN58 Y 1789 and TN 57 AB 3358.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Additional Public Prosecutor appearing for the respondent Police submits that the investigation is pending.

5. Considering the nature of allegation and also considering the nature of minerals, this Court is inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this Criminal Original Petition is ordered and the petitioners are ordered to be released on bail in the event of their arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate on condition that (i) the petitioners execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Vadipatti. 2/4

(ii) The petitioners 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;

(iii) The petitioners shall appear before the respondent police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation. They have to co-operate for the investigation.

(iv) The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses.

(v) On violation of any of the above conditions by the petitioners, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 12/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY 3/4

To 1.The Judicial Magistrate, Vadipatti.

2.Do through the Chief Judicial Magistrate, Madurai District.

3.The Inspector of Police, Palamedu Police Station, Madurai District.

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

+1 CC to M/s.B.VINOTH KUMAR, Advocate ( SR-4393[I] dated 15/04/2024 )

ORDER

IN CRL OP(MD) No.5586 of 2024 Date :12/04/2024 ED/ VR /SAR- (17/04/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4