Hussain Oone 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.7009 of 2021

1. Hussain Oone

2. Sethupathy @ Sethupandi ... Petitioners/Accused 2&4 Vs The State Rep. by The Inspector of Police, Devipattinam Police Station, Crime No. 143 of 2021 ... Respondent/Complainant For Petitioners : Mr.Muneeswaran T, 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.143 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 Section 379 I.P.C and 21(1) of Mines & Minerals (Development & Regulation) Act,1957, in Crime No.143 of 2021 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners have illegally transported 1/2 unit of Savudu sand by using tractor. Hence, this case has been registered.

3.The learned counsel for the petitioners would submit that the petitioners are innocent person 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 seek anticipatory bail.

4.The learned Additional Public Prosecutor,on instructions, would submit that the petitioners are arrayed as A2 and A4, and they have transported 1⁄2 units of Savudu sand without valid permission and there is no previous case pending against them. 5.Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent police. 6.Considering the facts and circumstances of the case and also considering the impact of Covid-19 pandemic situation and the consequent efforts not to congest in 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 Court No.1, Ramanathapuram, within a period of one month from the date of resumption of regular work in the Court below, 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.

1,250/- (Rupees one Thousand two Hundred and fifty only) each, to the credit of Government of Tamil Nadu, CMPRF of IOB, Secretariat Branch, Chennai-9 (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.I, RAMANATHAPURAM.

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

3. THE INSPECTOR OF POLICE, DEVIPATTINAM POLICE STATION.

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

COPY TO:- THE OFFICER INCHAREGE, GOVERNMENT OF TAMIL NADU, CHIEF MINISTER PUBLIC RELIEF FUND, SECRETARIAT, CHENNAI-9

ORDER

IN CRL OP(MD) No.7009 of 2021 Date :26/05/2021 TTA TE/VR/SAR-IV : 31/05/2021 : 3P/6C