Prabaharan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/07/2021 PRESENT The Hon'ble Mr.Justice G.CHANDRASEKHARAN CRL OP(MD)No.8610 of 2021 Prabaharan ... Petitioner/Accused No.3 Vs The State Rep. by The Inspector of Police, Jeeyapuram Police Station, Trichy District.

(Crime No.194 of 2021). ... Respondent/Complainant For Petitioner : Mr.Rajaboopathy.D., 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. 194 of 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 alleged offences punishable under Section 379 IPC r/w Section 21(4) of the Mines and Minerals (Development & Regulation)Act, 1957 in Crime No.194 of 2021, seeks anticipatory bail.

2.The case of the prosecution is that the defacto complainant on 19.04.2021, at about 04.30 pm., found in a vacant plot, sand was illegally removed by using Bolero load vehicle bearing registration No.TN 19 K 3521 and there was also one two wheeler bearing registration No.TN 48 K 4333. Three persons were engaged in removing sand. On seeing the defacto complainant and other officials, they tried to escape from there. The officials apprehended two persons, Dheena @ Dineshkumar and Aravind. One person escaped from the scene. Hence, the complaint.

3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. It is his further submission that the sand was removed from the vacant land and the co-accused were arrested and released on bail. Therefore, he seeks anticipatory bail to the petitioner.

4.The learned Government Advocate(Crl.side) appearing for the respondent police opposed this petition on the ground that investigation is not completed. However, he conceded that there is no previous case pending against the petitioner. 5.It is seen from the averments made in FIR that the sand was removed from the private plot and there is no clear mention about the nature of the sand. Considering all these facts and the fact that the co-accused were arrested and released on bail, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, 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 learned Judicial Magistrate No.

III, Trichy District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) 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 condition 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 Aadhar card or Bank pass Book to ensure their identity.

[b]the petitioner is 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 petitioner shall report before respondent police daily at 10.30 am., until further orders.

[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]. [g]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 08/07/2021 / 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 No.III, TRICHY.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, JEEYAPURAM POLICE STATION, TRICHY DISTRICT.

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

COPY TO:- THE OFFICER INCHARGE, ADVOCATE CLERK'S WELFARE ASSOCIATION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI 625 023 +1 CC to Mr.D.RAJABOOPATHY, Advocate (SR-4425[I] dated 08/07/2021 ) ORDER IN CRL OP(MD) No.8610 of 2021 Date :08/07/2021 GNS TE/AKM/SAR-I : 13/07/2021 : 3P/7C