Subramani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20/06/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN

1. Subarmani,

2. Palaniyappan, ... Petitioners/Accused 1 and 2 Vs THE STATE REP BY, The Inspector of Police, Thirumayam Police Station, Pudukkottai District.

Cr.No.121/2022.

... Respondent/Complainant For Petitioners : Mr.A.Shajahan , Advocate.

For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Crime No. 121/2022 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 and 2, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 of IPC r/w Section 21 (1), 21 (2) of Mines and Minerals Development and Regulation Act in Crime No.121 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners have transported 6 units of rough stone, without any valid permit. Hence, the complaint.

3.The learned counsel appearing for the petitioners submitted that even though the petitioners have got licence to quarry the rough stones, because of the expiry of the permit, the present case 1/3

has been registered and the respondent police have registered the case for their own purpose.

4.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the 2nd petitioner is having one previous case similar in nature in Crime No.73 of 2021 on the file of the Thirumayam Police Station, Pudukkottai District. 5.Even though the learned counsel for the petitioners submitted that because of the expiry of the permit, the present case has been registered against the petitioners, those things cannot be taken into account by this Court at this stage. Considering the nature of the mineral involved and the antecedents of the petitioners, this Court is inclined to grant anticipatory bail to the 1st petitioner alone.

6.Accordingly, this Criminal Original Petition is allowed on condition that the 1st petitioner shall deposit a sum of Rs.10,000/- (Rupees Ten Thousand only) to the credit of Cr.No.121 of 2022 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.

7.On such deposit being made, the 1st petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the Judicial Magistrate Court, Thirumayam, on condition that the 1st 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 learned Magistrate concerned and the 1st petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The 1st petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously. 8.The 1st petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed.

Considering the previous antecedents of the 2nd petitioner and considering the fact that a case in similar nature in Crime No.73 of 2021 has been registered against the 2nd petitioner, this Court is not inclined to entertain this petition against the 2nd petitioner. Accordingly, this petition is dismissed against the 2nd petitioner.

sd/- 20/06/2022 / TRUE COPY / 23/06/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

2/3

MM 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, THIRUMAYAM.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3 THE INSPECTOR OF POLICE THIRUMAYAM POLICE STATION, PUDUKKOTTAI DISTRICT.

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

+1 CC to M/s.A.SHAJAHAN, Advocate ( SR-5810[I] dated 21/06/2022 )

ORDER

IN CRL OP(MD) No.9876 of 2022 Date :20/06/2022 PKP/JM/SAR-4/23.06.2022/3P/6C 3/3