Ramakrishnan, v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Eighteenth day of December Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice M.NIRMAL KUMAR CRL OP(MD) No.22325 of 2018 1 RAMAKRISHNAN, 2SARAVANAN @ BALA SARAVANAN, ... PETITIONERS / ACCUSED NO.1 & 2 Vs STATE REP.BY THE INSPECTOR OF POLICE, PAZHAVOOR POLICE STATION, TIRUNELVELI DISTRICT.

(IN CRIME.NO.269/2018) ... RESPONDENT / COMPLAINANT For Petitioner : Mr.C.SUSI KUMAR Advocate For Respondent : Mr.K.SUYAMBULINGA BHARATHI Govt. Advocate ( Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioners apprehend arrest at the hands of the respondent police for the offence punishable under Section 379 (sand theft) IPC, in Crime No.269 of 2018, seek anticipatory bail.

2. The case of the prosecution is that the petitioners had illegally transported 8 bags of sand.

3.The learned counsel for the petitioners submitted that the petitioners have not committed any offences as alleged by the prosecution and they have been falsely implicated in this case. He further submitted that the petitioner has committed an I.P.C offence.

4.The learned Government Advocate(Crl.Side) appearing for the State submitted that the vehicle used for transporting the sand was seized and there is one previous case pending against the petitioners.

5.Considering the fact that the petitioners have committed an I.P.C offence, this Court is inclined to grant anticipatory bail to the petitioners with certain 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, Valliyoor 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 learned Magistrate concerned and on further condition that:

(i) if the petitioners fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

(ii) 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.

(iii) the petitioners shall not tamper with evidence or witness either during investigation or trial.

(iv) the petitioners shall not abscond either during investigation or trial.

(v)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]. (vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 18/12/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, VALLIYOOR.

2 THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI .

3 THE INSPECTOR OF POLICE, PAZHAVOOR POLICE STATION, TIRUNELVELI DISTRICT.

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

+1. CC to Mr.C.SUSI KUMAR Advocate SR.No.23671 PS/JC/SAR-4/21.12.2018/3P/6C

ORDER

IN CRL OP(MD) No.22325 of 2018 Date :18/12/2018