Arumugam v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/06/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN

1. Arumugam

2. Kamaraj ... Petitioners/Accused 4 and 5 Vs State Rep.by The Inspector of Police, Orathanadu Police Station, Thanjavur District.

(Crime No.536 of 2021) ... Respondent/Complainant For Petitioners : Mr.K.Pitchai Muthu, Advocate.

For Respondent : Mr.M.Muthumanikkam, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.536 of 2021 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 of IPC and Section 21(1) of the Mines and Minerals (Development and Regulation) Act, 1957, in Crime No.536 of 2021, seek anticipatory bail.

2.The case of the prosecution is that on 16.06.2021, at about 12.00 hours, on prior information, when the police party was engaged in prevention of offences punishable under the Mines and Minerals Act, they found that the sand was taken from the land of A6, Durairaj and put it in his another land, using the vehicles, Tipper Lorry bearing Registration No.TN-58-S-1415 and the JCB, bearing Registration No.TN-88-Y-7990 and Tipper Lorry, bearing Registration No.TN-09-J-6579. Therefore, this case came to be registered. 3.The learned counsel for the petitioners would submit that the petitioners are innocent and they have been falsely implicated in 1/3

this case. He would further submit that even as per the allegations in the FIR, sand was removed from the land of the sixth accused only and it was transported to another land of the sixth accused for agricultural purpose. Hence they seek anticipatory bail. 4.The learned Government Advocate (Criminal Side) opposed the petition on the ground that the sand was removed from the land of the sixth accused without prior permission and that the investigation is not completed. He further submitted that the petitioners have no previous cases against them. 5.Considering the facts and circumstances of the case, the fact that the sand was removed from own land of the sixth accused for being gathered in another land for agricultural purpose and the fact that the petitioners have no previous cases pending against them, this Court is inclined to grant anticipatory bail to the petitioners with conditions.

6.Accordingly, the petitioners are 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 learned Judicial Magistrate, Orathanadu, Thanjavur District, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each with two sureties each for a like sum to the satisfaction of the respondent police or the police officer who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further conditions that:

[a]the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar cards or Bank pass Books to ensure their identity;

[b]the petitioners are directed to deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Advocate Clerk's Welfare Association, Madurai-625 023 (Indian Bank Savings Account No.496039124, IFSC Code: IDIB000H040), within a period of two weeks without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties;

[c]the petitioners shall report before respondent police daily, at 10.30 am., until further orders;

[d]the petitioners shall not tamper with evidence or witness either during investigation or trial;

[e]the petitioners shall not abscond either during investigation or trial;

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[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 abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 24/06/2021 / 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, ORATHANADU, THANJAVUR DISTRICT.

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

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

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

COPY TO:

THE OFFICER INCHARGE, ADVOCATE CLERK'S WELFARE ASSOCIATION, MADURAI-625 023.

ORDER IN CRL OP(MD) No.8234 of 2021 Date :24/06/2021 SM MS/PN/SAR-3/30.06.2021/3P.6C 3/3