Ramesh v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 24/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN Ramesh, ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Vallathirakkottai Police Station Vallathirakkottai, Pudukkottai District.

Crime No. 24/2023.

... Respondent/Complainant For Petitioner : Mr.K.C Maniyarasu, Advocate. For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 24 of 2023 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/sole accused, who apprehends arrest at the hands of the respondent police for the offences punishable under section 379 I.P.C., and section 21(1) and 21(2) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.24 of 2023 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner said to have illegally transported nine units of gravel sand, hence the case.

3. Heard both sides and perused the materials available on 1/3

record including the First Information Report. It is reported that 11 similar previous cases are pending against the petitioner.

4. It is seen that the respondent police has registered a case in Crime No.24 of 2023 on 17.03.2023. Though the respondent police registered a case on 17.03.2023, even till today the petitioner was not secured. That apart the petitioner was found in illegal possession of gravel sand , therefore the respondent police has registered a case only for statistical purpose and if at all the petitioner has really committed the offence, the respondent police would have arrested the petitioner. Considering all the above facts and circumstances of the case this court is inclined to grant anticipatory bail to the petitioner with certain conditions. 5.

Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate No.I, Pudukottai on condition that the petitioner shall execute a bond for a sum of Rs.

(b)the petitioner shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation;

(c)the petitioner shall not tamper with 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]; and; 2/3

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

sd/- 24/04/2023 / TRUE COPY / /04/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV TO 1 THE JUDICIAL MAGISTRATE NO.I, PUDUKOTTAI.

2 DO THROUGH:

THE CHIEF JUDICIAL MAGISTRATE, PUDUKOTTAI DISTRICT.

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

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

ORDER

IN CRL OP(MD) No.7594 of 2023 Date :24/04/2023 PKP/BUC/SAR-1/27.04.2023/ 3P/5C 3/3