Karuppasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/05/2022 PRESENT The Hon`ble Mrs.Justice T.V.THAMILSELVI Karuppasamy ... Petitioner/Accused No.1 Vs The State rep.by The Inspector of Police, Ottapidaram Police Station, Ottapidaram, Thoothukudi District.

(Crime No. 114 of 2022).

... Respondent/Complainant For Petitioner : M/s.SURESH KANNAN.C, Advocate.

For Respondent : Mr.B.NAMBI SELVAN, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.114 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/Accused No.1, who apprehend arrest at the hands of the respondent police for the offence punishable under Sections 379, 464 and 470 IPC and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.114 of 2022 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner has illegally transported two units of gravel sand by using Lorry. Hence, the complaint.

3.The learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. However, he would further submit that the petitioner, without prejudice to their right, is ready to deposit the amount that may be imposed by this Court.

4.The learned Additional Public Prosecutor appearing for the respondent police would submit that the petitioner has transported two units of gravel sand illegally and he strongly opposed to grant bail.

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5.Considering the facts and circumstances of the case and also considering the nature of the offence alleged, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6.Accordingly, the petitioner shall pay a sum of Rs.10,000/- (Rupees Ten Thousand only) as non-refundable deposit to the credit of Aram Seya Virumbu, Tamilnadu Mercantile Bank, Ambasamudram Branch,(A/c No.423150050800264, IFSC : TMBL0000423), without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the Judicial Magistrate, Vilathikulam.

7.On production of such receipt/acknowledgment, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the Judicial Magistrate, Vilathikulam, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and on further conditions that: [a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.

[b]the petitioner shall report before respondent police on wednesday at 10.30 a.m., for a period of eight weeks and thereafter, as and when required for interrogation.

[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.

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

[e]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]. sd/- 18/05/2022 / TRUE COPY / / /2022 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.

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TO 1 THE JUDICIAL MAGISTRATE VILATHIKULAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3 THE INSPECTOR OF POLICE, OTTAPIDARAM POLICE STATION, OTTAPIDARAM, THOOTHUKUDI DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE ARAM SEYA VIRUMBU, AMBASAMUDRAM, TIRUNELVELI DISTRICT.

+1. CC to M/S.SURESH KANNAN C Advocate SR.No.4753

ORDER

IN CRL OP(MD) No.9107 of 2022 Date :18/05/2022 SA/PN/SAR.4/23.05.2022/3P/7C 3/3