Thavamani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15.05.2024 PRESENT The Hon`ble Mr.Justice P.VADAMALAI Thavamani ... Petitioner/Accused No.4 Vs The Inspector of Police, Kottampatti Police Station, Madurai District.

(Crime No.131 of 2024) ... Respondent/Complainant For Petitioner :

Mr.E.Pradeepraj, Advocate For Respondent :

Mr.R.Suresh Kumar, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.131 of 2024 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioner/A4, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 294(b), 353, 506(i) & 379 IPC and Section 21(5) of the Mines and Minerals (Development & Regulation)Act, 1957 in 1/5

Crime No.131 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the accused have illegally transported 3 units of karambai sand in Tipper Lorry bearing registration No. TN-69-C-0016 without any valid permission Hence, the complaint. 3.The learned counsel appearing for the petitioner would submit that the petitioner is innocent and he has not committed any offence as alleged by the prosecution. He would further submit that A1 and A2 were arrested and bail was also granted by this Court.

4.The learned Government Advocate (Criminal Side) appearing for the respondent police would submit that the accused persons, without any valid permission, have illegally transported three units of gravel sand. Accordingly, he opposed to grant anticipatory bail to the petitioner. However, he fairly conceded that the property has been recovered.

5.Taking into consideration the facts and circumstances of the case and also the facts that the property has been recovered and that bail was already granted to the co-accused by this Court, this Court is inclined to grant anticipatory bail to the petitioner with certain 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 2/5

a copy of this order, before the learned Judicial Magistrate, Melur, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/-(Rupees Ten 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 make a non refundable deposit of Rs.

15,000/- (Rupees Fifteen Thousand only) to the credit of the Chairman/District Collector, District Mineral Foundation Trust of the concerned District, without prejudice to his defence before the trial Court and produce the acknowledgment at the time of executing bond [c]the petitioner shall report before the respondent police daily at 10.30 a.m., for a period of 30 days and thereafter, as and when required for interrogation. [d]the petitioner shall not tamper with the 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 is released on bail by 3/5

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

sd/- 15/05/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar (C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

gns TO 1 THE JUDICIAL MAGISTRATE, MELUR.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT. 3 THE INSPECTOR OF POLICE, KOTTAMPATTI POLICE STATION, MADURAI DISTRICT.

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

COPY TO THE CHAIRMAN / DISTRICT COLLECTOR, DISTRICT MINERAL FOUNDATION TRUST, MADURAI DISTRICT.

+1 CC to M/s.PRADEEPRAJ. E, Advocate ( SR-5431[I] dated 15/05/2024 ) 4/5

ORDER

IN CRL OP(MD) No.7282 of 2024 Date :15/05/2024 RS/VR/SAR-(21.05.2024) 5P 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5