Balasubramaniyan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/06/2022 PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR Balasubramaniyan, ... Petitioner/Accused No.2 Vs State Rep by The Inspector of Police, Kattuputhur Police Station, Trichy District.

Crime No.103 of 2022.

... Respondent/Complainant For Petitioner : M/s. Suthakaran I, Advocate.

For Respondent : Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.103 of 2022 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A2, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 379 IPC r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.103 of 2022 on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner and other accused have illegally transported four units of gravel sand. 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 his right, is ready to deposit the amount that may be imposed by this Court.

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4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the petitioner and other accused have transported four units of gravel sand illegally. He would further submit that the petitioner is having no previous case. 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.20,000/- (Rupees Twenty Thousand only) to the credit of the District Mineral Foundation Trust, Tiruchirappalli District, without prejudice to his rights and contentions before the trial Court and produce the receipt/acknowledgment before the (*)District Munsif cum Judicial Magistrate, Thottiam.

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 (*)District Munsif cum Judicial Magistrate, Thottiam 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 daily at 10.30 a.m., for a period of one month 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]. 2/3

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

sd/- 10/06/2022 (*)Amended as per order of this Hon'ble Court dated 27/06/2022 in Crl.MP(MD).

7155/2022 in Crl.OP(MD).

10282/2022 by GIJ.

Further time is also extended further for a period of 15 days, from the date of receipt of copy of this order.

/ TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO TO BE SUBSTITUED WITH THE ORDER DATED 10/06/2022 ALREADY DESPATCHED

1. The Judicial Magistrate, Musiri.

2. The District Munsif Cum Judicial Magistrate, Thottiam.

3. Do-Through The Chief Judicial Magistrate, Trichy District.

4. The Inspector of Police, Kattuputhur Police Station, Trichy District.

5. The Officer Incharge, District Mineral Foundation Trust, Trichy.

6. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.SUTHAKARAN I, Advocate ( SR-5375[I] dated 10/06/2022 ) +1 CC to M/s.SUTHAKARAN I, Advocate ( SR-6167[I] dated 27/06/2022) ORDER IN CRL OP(MD) No.10282 of 2022 Date : 10/06/2022 TR/SKN/SAR-III(16.06.2022) 3P 7C SA/PN/SAR.2/04.07.2022/3P/8C 3/3