Mani Cholagar 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.7102 of 2021 Mani Cholagar, ... Petitioner/Sole Accused Vs The Inspector of Police, Papanadu Police Station, Thanjavur District Crime No. 140/2021.

... Respondent/Complainant For Petitioner : M/s.Arun Prasad.A, 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 140/2021 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Section 379 of IPC r/w 21(3) of Mines and Mineral Act, in Crime No.140 of 2021 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is on 20.05.2021, the petitioner committed an offence of illegal transportation of 1/4 unit of savadu sand without any proper permit. Hence,the complaint. 3.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and the petitioner has been falsely implicated in the present case and hence, he seeks anticipatory bail.

4.The learned Additional Public Prosecutor, on instructions, would submit that there is no previous case pending against the petitioner.

5.Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent police. 6.Considering the facts and circumstances of the case and also the fact the property was recovered, that the petitioner has no previous case for similar theft and considering the impact of Covid19 pandemic situation and the consequent efforts not to congest the prisons, this Court is of the view that the arrest of the petitioner 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 petitioner on certain conditions. 7.

The petitioner shall be released in the event of arrest by the respondent police or on his surrender before the learned Judicial Magistrate, Orathanadu, 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.

[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 petitioner is directed to deposit a sum of Rs.3,750/- (Rupees Three Thousand Seven Hundred and Fifty 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 their rights and contentions before the trial Court;

[c]the petitioner shall report before the respondent police as and when required for interrogation.

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

[e]the petitioner 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 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 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, 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.

Pkn TO 1 THE JUDICIAL MAGISTRATE, ORATHANADU, THANJAVUR DISRICT.

2 DO- THOUGH THE CHIEF JUDICAL MAGISTRATE, THANJAVUR DIST.

3 THE INSPECTOR OF POLICE, PAPANADU POLICE STATION, THANJAVUR 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.7102 of 2021 Date :26/05/2021 CN:SKN:SAR4(31.05.2021)3P C6