Ranjitha v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 22.05.2024 PRESENT The Hon`ble Mrs.Justice S.SRIMATHY 1.Ranjitha 2.Muthupandy ... Petitioners / Accused (Rank Not Known) Vs The State represented by The Inspector of Police, Vattathikottai Police Station, Thanjavur District.
(Crime No.139 of 2024) ... Respondent / Complainant For Petitioners : Mr.M.PITCHAI MUTHU, 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.139/2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/Accused (Rank not known), who apprehend arrest at the hands of the respondent police for the offences punishable under sections 379, 511, 147, 353, 1/5
279 and 109 of I.P.C., read with Section 21(1) of Mines and Minerals Development and Regulation) Act, 1957 in Crime No.139 of 2024 on the file of the respondent police, seek anticipatory bail.
2.The case of the prosecution is that the petitioners have attempted to illegally transport two units of river sand. Hence, a case has been registered. 3.The learned counsel appearing for the petitioners would submit that the petitioners are innocent and a false case has been foisted against them, hence he seeks anticipatory bail.
4.The learned Additional Public Prosecutor would submit that the petitioners have attempted to illegally transport two units of river sand, hence he objected to grant anticipatory bail to the petitioner.
5.Taking into consideration of the facts and circumstances of the case, this court is inclined to grant anticipatory bail to the petitioners, with certain conditions: 6.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or on their appearance, within a period of fifteen days from the date on which the order copy made ready, before the learned Judicial Magistrate, Pattukottai, Thanjavur District, 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 respondent police or the police officer who intends to arrest or to 2/5
the satisfaction of the learned Magistrate concerned, failing which, the petition for anticipatory bail shall stand dismissed and on further condition that: (a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; (b)the petitioners 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; (c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners 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 3/5
in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and; (f)if the accused/petitioners thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 22/05/2024 / TRUE COPY / /05/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
PNN TO 1 THE JUDICIAL MAGISTRATE, PATTUKOTTAI, THANJAVUR DISTRICT.
2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM. 3 THE INSPECTOR OF POLICE, VATTATHIKOTTAI POLICE STATION, THANJAVUR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.7556 of 2024 Date :22/05/2024 SA/JGB/SAR. /27.05.2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 5/5