V.Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 17/09/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN

1. V.Kumar

2. A.Murugavel ... Petitioners/A2 & A3 Vs The State rep. by The Inspector of Police, Navalpattu Police Station, Trichy District.

(Crime No. 831 of 2020). ... Respondent/Complainant For Petitioners: Mr.B.Jameelarasu, Advocate.

For Respondent : Mr.R.Saravana Kumar, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For an Anticipatory Bail in Crime No.831 of 2020 on the file of the respondent police ORDER : The Court made the following order :- The petitioners, who are arrayed as Accused Nos.2 and 3, apprehending arrest at the hands of the respondent police for the offences punishable under section 379 of IPC r/w Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1954, in Crime No.831 of 2020 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that the petitioners said to have attempted to illegally transport river sand by using JCB and Tipper. Hence, the present complaint.

3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Criminal Side) appearing for the respondent.

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4.The learned counsel appearing for the petitioners submitted that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that A1 has already been arrested and remanded to judicial custody, subsequently, he was released on bail by the Judicial Magistrate No.3, Trichy. Hence, he seek anticipatory bail. 5.The learned Government Advocate (Criminal Side) appearing for the respondent police submitted that there is no previous case pending against the petitioners.

6.Considering the facts and circumstances of the case and the allegation against the petitioners is only an attempt was made to transport the sand illegally and also the fact that no previous case is pending against the petitioners and co-accused has already been arrested and released on bail by the Court below, I am inclined to grant anticipatory bail to the petitioners with certain conditions. 7.Accordingly, the petitioners are ordered to be released on anticipatory bail in the event of arrest or their appearance, within a period of four weeks from the date of receipt of a copy of this order, before the Judicial Magistrate Court No.3, Trichy District, on condition that the petitioners shall execute a bond for a sum of Rs.

(b)the petitioners shall report before the respondent police as and when required for interrogation.

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the first 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners 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;

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(f)if the accused/first petitioners thereafter abscond, a fresh FIR can be registered under Section 229-A IPC. sd/- 17/09/2020 / TRUE COPY / / /2020 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.III, TRICHY.

2. -DO- THROUGH: THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, NAVALPATTU POLICE STATION, TRICHY DISTRICT.

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

ORDER

IN CRL OP(MD) No.9897 of 2020 Date :17/09/2020 VSG SRS/ JC/ SAR-III/ 21.09.2020/ 3P/5C 3/3