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Madras High CourtCRL OP(MD)/8343/2024ordered

Manikandan v. The Inspector Of Police

2024-06-21Honourable Mr Justice B.Pugalendhi6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). Nos.8343 and 8235 of 2024 Manikandan, ... Petitioner/A2 in ... Petitioner/A1 in CRL OP(MD). No.8235 of 2024 Vs The Inspector of Police, Thiruverambur Police Station, Trichy District.

(Crime No.133 of 2024) ... Respondent/Complainant in CRL OP(MD). No.8343 of 2024 The Inspector of Police, Srirangam Police Station, Trichy District.

(Crime No.388 of 2024) ... Respondent/Complainant in CRL OP(MD). No.8235 of 2024 In both petitions:

For Petitioner : Mr.S.Sathyachidambaram, Advocate.

For Respondent : Mr.M.Sakthikumar, Government Advocate (Crl.Side) 1/6

PETITIONS FOR ANTICIPATORY BAIL's Under Sec.438 of Cr.P.C COMMON PRAYER :- For Anticipatory Bail's in Crime No.133 & 388/2024 on the file of the Respondent Police.

COMMON ORDER : The Court made the following order :- The petitioner apprehending arrest at the hands of the respondents police in connection with Crime Nos.133 and 388 of 2024 for the offence under Section 379 of IPC and Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957, has filed these petition seeking anticipatory bail. 2.The case of the prosecution in Crl.O.P.(MD)No.8343 of 2024 is that, the petitioner has illegally transported 1⁄2 unit of river sand. 3.The case of the prosecution in Crl.O.P.(MD)No.8235 of 2024 is that, the petitioner has illegally transported one unit of river sand. 4.The earlier applications filed by the petitioner in Crl.O.P(MD)Nos.5388 and 6592 of 2024 were dismissed by this Court on 08.04.2024 and 29.04.2024 on the ground that the petitioner has involved in fourteen previous cases. 5.The petitioner has now moved these applications to show that the petitioner has a good case in the previous cases and to show his bona fide, he is ready and willing to file an undertaking affidavit before the respondent police that he will not 2/6

indulge in any such offence in future. Further, he has also paid a sum of Rs.1,00,000/- each in both the cases before the Chief Educational Officer, Tiruchirapalli District, for the welfare of the any of the Government Schools in the district.

6.The learned Government Advocate (Crl. side) also confirmed the submission of the learned counsel for the petitioners.

7.Considering the nature of offence and also considering the change of attitude of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 8.Accordingly, these criminal original petitions are allowed. The petitioner in Crl.O.P.(MD)No.8343 of 2024 is ordered to be released on bail in the event of his 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 on condition that (i) the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate No.VI, Trichy.

(ii) The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address;

(iii)The petitioner shall file an undertaking affidavit before the respondent 3/6

police that he will not indulge in any such offence in future. Further, the petitioner shall appear before the respondent police once in a week, ie., on every Monday at 10.30 a.m., until further orders. He has to co-operate for the investigation (iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well. (v)On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. 9.The petitioner in Crl.O.P.(MD)No.

8235 of 2024 is ordered to be released on bail in the event of his 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 on condition that (i) the petitioner shall execute a bond for a sum of Rs.

(iii)The petitioner shall file an undertaking affidavit before the respondent 4/6

police that he will not indulge in any such offence in future. Further, the petitioner shall appear before the respondent police once in a week, ie., on every Tuesday at 10.30 a.m., until further orders. He has to co-operate for the investigation (iv) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well. (v)On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail. sd/- 21/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

SJI TO

1. THE JUDICIAL MAGISTRATE, SRIRANGAM, TRICHY DISTRICT.

2. THE JUDICIAL MAGISTRATE NO.VI, TRICHY.

3. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

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4. THE INSPECTOR OF POLICE, THIRUVERAMBUR POLICE STATION, TRICHY DISTRICT.

5. THE INSPECTOR OF POLICE, SRIRANGAM POLICE STATION, TRICHY DISTRICT.

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

+1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-6860[I] dated 24/06/2024 )

ORDER

IN CRL OP(MD). Nos.8343 and 8235 of 2024 Date :21/06/2024 SS/GS/SAR- /16/07/2024/6P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 6/6