Madras High CourtCRL OP(MD)/7881/2023partly allowed

Krishnamoorthi v. The Sub Inspector Of Police

2023-04-27Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/04/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.7881 of 2023

1. Krishnamoorthi,

2. Marikkannu

3. Pitchaimuthu ... Petitioners/Accused No.4 to 6 Vs The State represented by The Sub Inspector of Police, Vellanur Police Station, Pudukkotai District.

Cr.No.46/2023.

... Respondent/Complainant For Petitioners : M/s.Ganapathi Subramanian.P, 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. 46/2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A4 to A6 who apprehend arrest at the hands of the respondent police for the offences punishable under section 379 I.P.C., and section 21(1) of Mines and Minerals (Development and Regulation) Act, 1987 in Crime No.46 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners said to have illegally transported 2 1⁄2 units of sand, hence the case.

3. Heard both sides and perused the materials available on record including the First Information Report.

4. The learned counsel appearing for the petitioners seek permission of this Court to withdraw the petition in respect of petitioners 1 and 3.

4.Considering the facts and circumstances of the case and also considering the fact that there is no previous case pending against the petitioners, this court is inclined to grant anticipatory bail to the second petitioner with certain conditions. 5.Accordingly, the second 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.II, Pudukottai on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the second 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 second petitioner shall not tamper with evidence or witness either during investigation or trial; (d)the second 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 second petitioner in accordance with law as if the conditions have been imposed and the second 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;

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

6. As regards the petitioner 1 and 3 the petition stands dismissed as withdrawn.

sd/- 27/04/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

AAV

TO 1 THE JUDICIAL MAGISTRATE NO.II PUDUKOTTAI.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE PUDUKKOTTAI DISTRICT.

3 THE SUB INSPECTOR OF POLICE VELLANUR POLICE STATION, PUDUKKOTAI DISTRICT. 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.7881 of 2023 Date :27/04/2023 SS/VR/SAR IV/04/05/2023/3P/5C