S.Muniyaraj v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 29/09/2020 PRESENT The Hon'ble Mr.Justice V.BHARATHIDASAN S.Muniyaraj ... Petitioner/ Accused Rank Not Known Vs The State rep. by The Inspector of Police, Sayalkudi Police Station, Ramanathapuram District.

In Cr.No.368 of 2020 ... Respondent/Complainant For Petitioner : Mr.R.Venkateswaran, Advocate.

For Respondent : Mr.R.Saravana Kumar, Government Advocate (Criminal Side) PETITION FOR ANTICIPATORY BAIL Under Section 438 of Cr.P.C. PRAYER :- For Anticipatory Bail in Crime No.368/2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioner, who is arrayed as accused, apprehends arrest at the hands of the respondent police for the offences punishable under section 379 I.P.C. and Section 21(1) of the Mines and Minerals (Development & Regulation Act) 1957, on the file of the respondent police, seeks anticipatory bail.

2.The case of the prosecution is that the petitioner said to have illegally transported one unit of river sand by using Tractor. Hence, a complaint.

3.The learned counsel appearing for the petitioner submitted that the petitioner is the owner of the vehicle. He further submitted that he is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case and hence, he prayed for grant of anticipatory bail to the petitioner.

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4.The learned Government Advocate(Criminal side) appearing for the respondent police would submit that there is one previous case pending as against the petitioner.

5.Considering the facts and circumstances of the case and also considering fact that the petitioner is the owner of the vehicle and the quantum of the sand, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of four weeks from the date of receipt of a copy of this order, before the learned District Munsif Cum Judicial Magistrate, Kadaladi, on condition that the petitioner shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty five thousand only) with two sureties each for a like sum to the satisfaction of the respondent Police or to 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 is directed to deposit a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) to the credit of Sittar Koodam, Num Kulandhaigal Illam, 9/24, Arutpa Nagar, Kallikudi, Madurai District. (Account No.974101551807, IFSC No.CNRB0000974), within a period of two weeks without prejudice to his rights and contentions before the trial Court and the learned Judicial Magistrate, after perusing the challan/ receipt, shall accept the sureties furnished by the petitioner;

(c)the petitioner shall report before the respondent police as and when required for interrogation;

(d)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioner shall not abscond either during investigation or trial;

(f)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]; and;

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(g)if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 29/09/2020 / 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 DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, KADALADI.

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

3. THE INSPECTOR OF POLICE, SAYALKUDI POLICE STATION, RAMANATHAPURAM DISTRICT.

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

COPY TO:

THE OFFICER INCHARGE SITTAR KOODAM, NUM KULANDHAIGAL ILLAM, 9/24, ARUTPA NAGAR, KALLIKUDI, MADURAI DISTRICT.

ORDER

IN CRL OP(MD) No.10519 of 2020 Date :29/09/2020 VSD SRS/ AKM/ SAR-II/ 01.10.2020/ 3P/6C 3/3