R.Nagaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN R.Nagaraj ... Petitioner/Accused Vs The State rep.by The Inspector of Police, Vangal Police Station, Karur District.

Crime No. 389/2021, ... Respondent/Complainant For Petitioner : Mr.K.Suresh, 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.389 Of 2021 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioner/accused, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 of IPC r/w. 21(1) of Mines and Minerals Act (Development and Regulation) Act, 1957 in Crime No.389 of 2021, seeks anticipatory bail.

2. The case of the prosecution is that the petitioner was found in illegal transportation of 25kgs of sand in a two wheeler bearing Reg. No. TN 47 V 0369 near Kaveri River on 29.06.2021. 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.

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4.The learned Government Advocate(Crl.Side) opposed the petition on the ground that the investigation is not yet completed. However, he fairly conceded that no previous case of similar nature is pending against the petitioner.

5. Considering the facts and circumstances of the case and the fact that small quantity of sand was illegally transported and the vehicle use for transportation has been seized and also the fact no previous case is pending against the petitioner and the fact that the material witness are official witnesses, this Court is inclined to grant anticipatory bail to the petitioner with conditions. 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.II,Karur 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.5,000/- (Rupees Five Thousand only) to the Madras High Court Madurai Bench, Advocate Clerk's Welfare Association, Madurai-625 023 (Indian Bank Saving Account No.496039124, IFSC Code: IDIB000H040), without prejudice to his 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 a.m., 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]; 2/3

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

sd/- 12/07/2021 / 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.2 KARUR.

2. DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, KARUR

3. THE INSPECTOR OF POLICE, VANGAL POLICE STATION, KARUR DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE, ADVOCATE CLERK'S WELFARE ASSOCIATION, MADRAS HIGH COURT MADURAI BENCH,MADURAI-625 023 +1. CC to M/S.SURESH K Advocate SR.No.4501

ORDER

IN CRL OP(MD) No.9181 of 2021 Date :12/07/2021 SA/AKM/SAR.3/14.07.2021/3P/7C 3/3