Rajendran v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/07/2021 PRESENT The Hon`ble Mr.Justice G.CHANDRASEKHARAN Rajendran ... Petitioner/Accused No.3 Vs State rep.by, The Sub Inspector of Police, Chettinadu Police Station, Sivagangai District.

(Crime No. 65/2021) ... Respondent/Complainant For Petitioner : M/s.Kalaiyarasi Bharathi P, 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. 65 of 2021 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offences punishable under Section 379 IPC r/w Section 21(1) of the Mines and Minerals (Development and Regulation)Act, in Crime No.65 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that the accused in this case had illegally removed sand without permission from land in survey No.4/10, Kayampatti Adaikalam Katha Ayyanar Temple of the accused Rajendran by using JCB bearing registration No.TN-55 BE-1571 and lorry bearing registration No.TN-55-BF-5106. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case.

4.The learned Government Advocate(Crl.side) appearing for the 1/3

respondent police opposed this petition on the ground that investigation is pending.

5.In this case sand said to have been removed without any permission from the patta land. The vehicle and sand had been seized. Considering all these factors and also the fact that material witnesses are only official witnesses, this Court is inclined to grant anticipatory bail to the petitioner. 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 a copy of this order, before the learned Judicial Magistrate, Karaikudi, 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 the satisfaction of the learned Magistrate concerned and on further condition 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 Aadhar card or Bank pass Book to ensure their identity.

[b]the petitioner shall report before respondent police daily at 10.30 am., until further orders.

[c]the petitioner shall not tamper with evidence or witness either during investigation or trial.

[d]the 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. [f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.

sd/- 30/07/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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, KARAIKUDI.

2.-DO- THRO THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3.THE SUB INSPECTOR OF POLICE, CHETTINADU POLICE STATION, SIVAGANGAI DISTRICT.

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

ORDER

IN CRL OP(MD) No.10151 of 2021 Date :30/07/2021 gns RT/SKN/SAR-III/04.08.2021/3P/5C 3/3