Alagarsamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 04/09/2020 PRESENT The Hon`ble Mr.Justice V.BHARATHIDASAN ALAGARSAMY ... PETITIONER/ACCUSED NO.2 VS STATE REP.BY THE INSPECTOR OF POLICE, NATHAM POLICE STATION, DINDUGUL DISTRICT.

(CRIME NO.759 OF 2020).

... RESPONDENT/COMPLAINANT For Petitioner : Mr.M.Murugaamannar, Advocate.

For Respondent : Mr.K.Suyambulinga Bharathi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.759 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as A2, apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of I.P.C., in Crime No.759 of 2020 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner is the owner of the lorry. On the date of occurrence, the petitioner and A1 said to have illegally transported one unit of river sand by using lorry. Hence, the present complaint.

3.Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

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4.The learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner.

5.The learned Government Advocate (Crl. Side) appearing for the respondent police submitted that the petitioner and A1 said to have illegally transported one unit of river sand by using lorry. He further submitted that A1 was arrested and remanded to judicial custody. He further submitted that there is no previous case pending against the petitioner.

6.Considering the facts and circumstances of the case and also considering the fact the petitioner has taken river sand only for agricultural purpose and not any commercial purpose and there is no previous case pending against the petitioner, I am inclined to grant anticipatory bail to the petitioner with certain conditions. 7.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of four weeks from the date of receipt of a copy of this order, before the Judicial Magistrate Court, Natham, Dindigul District, on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Only)to the credit of Karur Anbukarangal Society, No.25, Ganesh Nagar, Vennaimalai Nagar, Karur-639 006 (The Indian Bank, Karur IB.Account No.6069083407, IFSC Code No.IDIB000K027), within a period of two weeks without prejudice to his rights and contentions before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner; (c)the petitioner shall report before the respondent police as and when required for interrogation.

(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 2/3

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]; and; (g)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 04/09/2020 / TRUE COPY / / /2020 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, NATHAM, DINDIGUL DISTRICT.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL.

3 THE INSPECTOR OF POLICE NATHAM POLICE STATION, DINDUGUL DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE, KARUR ANBUKARANGAL SOCIETY, NO.25, GANESH NAGAR, VENNAIMALAI NAGAR, KARUR-639 006.

ORDER

IN CRL OP(MD) No.9371 of 2020 Date :04/09/2020 vsg JM/PN/SAR II/09.09.2020/3P/6C 3/3