Sahul Hammed v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/08/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN Sahul Hammed ... Petitioner/Accused Vs The State rep. by The Inspector of Police, Komapatty Police Station, Virdhunagar District (Crime No. 420 of 2020). ... Respondent/Complainant For Petitioner : M/s.M.Pandian, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 420 of 2020, on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/accused apprehending arrest at the hands of the respondent police for the offences punishable under Sections 379 of I.P.C. and 21(1) of Mines and Minerals (Development and Regulation) Act 1957, in Crime No.420 of 2020, on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner has illegally transported 1⁄4 unit of river sand.

3. The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the vehicle and he has nothing 1/3

to do with the alleged offence.

4. The learned Government Advocate (Criminal side) appearing for the State submitted that the total quantity of sand involved is 1⁄4 unit and the same was recovered by the respondent police. He would further submit that the petitioner is having one previous case.

5. Considering the facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioner with certain conditions. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Srivilliputhur, on condition that the petitioner shall execute a bond for a sum of Rs.50,000/- (Rupees Fifty thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that: (a) the petitioner is directed to deposit a sum of Rs.

5,000/- (Rupees Five Thousand only) to the credit of The Third Order of Saint Francis of Assissi Sisters Society - Bishop Aelen Home for Children (Indian Bank Saving Account No.

(c) the petitioner shall report before the respondent police as and when required for interrogation. (d) the petitioner shall not tamper with evidence or witness either during investigation or trial; (e) the petitioner shall not abscond 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]; and;

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(g) If the petitioner/accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC. sd/- 19/08/2020 / TRUE COPY / / /2020 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, SRIVILLIPUTHUR.

2. DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILLIPUTHUR.

3. THE INSPECTOR OF POLICE, KOMAPATTY POLICE STATION, VIRDHUNAGAR DISTRICT.

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

COPY TO:

THE OFFICER IN CHARGE, THE THIRD ORDER OF SAINT FRANCIS OF ASSISSI SISTERS SOCIETY- BISHOP AELEN HOME FOR CHILDREN.

ORDER

IN CRL OP(MD) No.8459 of 2020 Date :19/08/2020 SJI SRS/ AKM/ SAR-III/ 24.08.2020/ 3P/6C 3/3