Kmc Construction Rep,By Its Manager Karthickpandian v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 23/07/2021 PRESENT The Hon`ble Mr.Justice SATHI KUMAR SUKUMARA KURUP

1. Karthickpandian

2. K.Chellapandi

3. C.Palanisamy

4. S.Sureshkumar

5. P.Regupathy

6. C.Thillaiambala Nataraja ... Petitioners 1&6/ Accused No.1&6 Vs State Rep by the Inspector of police, Devadanapatti Police Station, Theni District.

Crime No.493/2021). ... Respondent/Complainant For Petitioner : Mr.S.Ramsundarvijayraj, 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.493 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/A1 to A6 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 379 of IPC and 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.493 of 2021, seek anticipatory bail.

2.The case of the prosecution is that on 17.07.2021, the accused in this case said to have removed gravel sand by using Tipper Lorries with the help of JCB bearing Registration Nos.TN-60AE-5490, TN-31-J-7247 and TN-59-AA-6970 illegally without proper permission. Therefore, this case came to be registered. 1/3

3.The learned counsel for the petitioners submitted that the first petitioner is a contractor and the petitioners 2, 3, 5 and 6 are drivers and the fourth petitioner is the owner of the vehicles. He further submitted that the petitioners are innocents and they have been falsely implicated in this case.

4.The learned Government Advocate (Crl.side) for the respondent submitted that the quantity of sand involved is one unit and the same was recovered by the respondent police. He further submitted that no previous case is pending against the petitioners. 5.Taking note of the fact that the material witnesses are official witnesses and also the fact that no previous case is pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with 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 of receipt of a copy of this order, before the learned Judicial Magistrate, Periyakulam, on condition that the petitioners shall execute a bond for a sum of Rs.

ii)each of the petitioners shall deposit a sum of Rs.5,000/- (Rupees Five Thousand only) as non-refundable deposit to the credit of Coimbatore Advocate Clerk Welfare Association, District Court Branch, Coimbatore (SB Account No.170801000018467, IFSC Code: IOBA0001708), without prejudice to their rights and contentions before the trial Court and produce the receipt/acknowledgment before the concerned Court while executing sureties. iii)the petitioners shall report before the respondent police as and when required for interrogation.

iv)the petitioners shall not tamper with evidence or witness. v)the petitioners shall not abscond during trial. vi)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 2/3

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]. vii)If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 23/07/2021 / 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, PERIYAKULAM.

2.-DO-THRO' THE CHIEF JUDICIAL MAGISTRATE, THENI DISTRICT.

3.THE INSPECTOR OF POLICE, DEVADANAPATTI POLICE STATION, THENI DISTRICT.

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

COPY TO THE OFFICER INCHARGE, COIMBATORE ADVOCATE CLERK WELFARE ASSOCIATION, DISTRICT COURT BRANCH, COIMBATORE.

+1 CC to Mr.S.RAMSUNDARVIJAYRAJ, Advocate ( SR-4787[I] dated 23/07/2021 ) ORDER IN CRL OP(MD) No.9837 of 2021 Date :23/07/2021 SJI RT/VR/SAR-IV/27.07.2021/3P/7C 3/3