Veeranan 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. Veeranan
2. Palanisamy ... Petitioner/Accused No.1 and 2 Vs The State rep.by, The Inspector of Police, Thiruchuli Police Station, Virudhunagar District.
(Crime No.128 of 2021) ... Respondent/Complainant For Petitioner : Mr.C.Suresh Kannan, 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.128 of 2021 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners/A1 and A2 apprehend arrest at the hands of the respondent police for the alleged offences punishable under Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.128 of 2021, seek anticipatory bail. 2.The case of the prosecution is that on 09.07.2021 at about 09.00 a.m., when the de-facto complainant along with other officials and the respondent police were engaged in preventing of offence relating to the Mines and Minerals, they found 500 bags of limestone (each containing 50 kgs) were stored in the Godown in Survey No.85/2 without valid permission. Hence, the complaint. 3.The learned counsel for the petitioners submitted that the first petitioner is the manager of the quarry and the second petitioner is the owner of the quarry and they obtained proper permission from the government officials to run the quarry in the 1/3
above survey number. 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 strongly opposed this petition on the ground that investigation in this case is not completed.
5.Taking note of the fact that the material witnesses are official witnesses and also the fact that the petitioners have obtained proper permission from the government officials to run the quarry, 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, Thiruchuli, on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each 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 the satisfaction of the learned Magistrate concerned and on further condition that: i)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;
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 Madras High Court Madurai Bench, Advocate Clerk's Welfare Association, Madurai-625 023 (Indian Bank Saving Account No.496039124, IFSC Code: IDIB000H040), within a period of two weeks 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 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]. 2/3
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, THIRUCHULI.
2 DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUTHUNAGAR DISTRICT AT SRIVILLIPUTHUR.
3 THE INSPECTOR OF POLICE, THIRUCHULI POLICE STATION, VIRUDHUNAGAR DISTRICT.
4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
COPY TO:
THE OFFICER INCHARGE, ADVOCATE CLERK'S WELFARE ASSOCIATION, MADRAS HIGH COURT MADURAI BENCH, MADURAI-625 023.
ORDER
IN CRL OP(MD) No.9851 of 2021 Date :23/07/2021 SJI MK/VR/SAR.IV/27.07.2021/3P/6C 3/3