Chinnadurai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17.04.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Chinnadurai

2. Ramesh Kumar

3. Maharajan

4. Dinesh Kumar ... Petitioners/Accused

Versus

The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.

(Crime No.199 of 2024) ... Respondent/Complainant For Petitioners :

Mr.U.Uma Maheswaran, Advocate For Respondent :

Mr.M.Sakthi Kumar Government Advocate (Crl. side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.199 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.199 of 2024, for the offence punishable under 1/4

Sections 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation), Act 1957, have filed this petition seeking anticipatory bail. 2.The case of the prosecution is that the petitioners have illegally transported 1/4 unit of river sand through their two tractors with the help of JCB. Hence, the case.

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 Government Advocate (Crl.Side) appearing for the respondent Police submits that A-3 has one previous case, wherein he was acquitted. A-1, A-2 and A-4 have no previous cases pending against them. 5.Considering the facts and circumstances of the case, quantity of mineral and also the petitioners' antecedents, 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 Court, Thiruvaiyaru, Thanjavur, on condition that (i) the petitioners execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five 2/4

Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate Court, Thiruvaiyaru, Thanjavur. (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 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/- 17/04/2024 / TRUE COPY / /04/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

jbr TO 1 THE JUDICIAL MAGISTRATE, THIRUVAIYARU.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3/4

3 THE INSPECTOR OF POLICE, THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.

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

+1 CC to M/s.U.UMA MAHESWARAN, Advocate ( SR-4528[I] dated 17/04/2024 )

ORDER

IN CRL OP(MD) No.5875 of 2024 Date :17/04/2024 RS/JGB/SAR-(26.04.2024) 4P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4