Vijayakumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/05/2023 PRESENT The Hon`ble Mrs.Justice R. KALAIMATHI

1. Vijayakumar

2. Ayyambose ... Petitioners/Accused No. 1 & 2 Vs State through The Sub Inspector of Police, Narikudi Police Station Virudunagar District.

Cr.No.25/2023 ... Respondent/Complainant For Petitioners : M.Thirunavukarasu.S, Advocate.

For Respondent : Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 25/2023 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners/Accused, who apprehend arrest at the hands of the respondent police for the offences punishable under sections 379 of I.P.C., and section 21(1) of Mines and Minerals Act, 1957 in Crime No.25 of 2023 on the file of the respondent police, seek anticipatory bail.

2.The case of the prosecution is that on 27.03.2023, the petitioners have illegally transported pebbles without valid permit. Hence, the case.

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3. Heard both sides and perused the materials available on record including the First Information Report. 4.Considering the facts and circumstances of the case and the nature of offence, this court is inclined to grant anticipatory bail to the petitioners with certain conditions. 5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks 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.

(b) the petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation;

(c)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioners 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 petitioners in accordance with law as if the conditions have been imposed and the petitioners are 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;

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

sd/- 10/05/2023 / TRUE COPY / /05/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, MBI Madurai - 625 023. 2/3

TO

1. Judicial Magistrate, Thiruchuli.

2. Do-Through The Chief Judicial Magistrate, Viruthunagar District at Srivilliputhur.

3. The Inspector of Police, Narikudi Police Station Virudunagar District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.THIRUNAVUKARASU, Advocate ( SR-7250[I] dated 10/05/2023 )

ORDER

IN CRL OP(MD) No.8693 of 2023 Date : 10/05/2023 NA/VR/SAR-2/16.05.2023/3P/6C 3/3