Prakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI

1. Prakash

2. Ajay,

3. Ajith,

4. Muruganandam, ... Petitioners No.1 to 4/Accused No.2,3,5,6 Vs The State represented by The Inspector of Police, Samayapuram Police Station, Trichy.

(Crime No.167/2024).

... Respondent/Complainant For Petitioner : Mr.V.Vishnu, Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.167/2024 on the file of the Respondent Police.

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ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.167 of 2024, for the offence punishable under Section 379 IPC and Section 21(4) of Mines & Minerals (Development & Regulation) Act, 1957, have filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioners have illegally transported ten bags of river sand in their bikes. Hence, the case.

3. The learned counsel appearing for the petitioners submits that the petitioners are innocent persons and they have not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioners.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that there is no previous case pending against the petitioner Nos. 1, 2 and 4. He further submits that the third petitioner was already arrested.

5. Considering the facts and circumstances of the case, the quantity of the 2/5

mineral and also considering the antecedents of the petitioner Nos. 1, 2 and 4, this Court is inclined to grant anticipatory bail to the petitioners 1, 2 and 4.

6. Accordingly, this Criminal Original Petition is partly allowed and the petitioner Nos. 1, 2 and 4 are ordered to be released on bail in the event of their arrest or on their appearance within a period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate on condition that (i) the petitioner Nos. 1, 2 and 4 shall execute a bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand)each, with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate No.III, Trichy. (ii) The petitioner Nos. 1, 2 and 4 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 Nos. 1, 2 and 4 shall appear before the respondent police as and when required for interrogation. They have to co-operate for the investigation. (iv) The petitioner Nos. 1, 2 and 4 shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses.

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(v) On violation of any of the above conditions by the petitioner Nos. 1, 2 and 4, the respondent police shall move an application for cancellation of the anticipatory bail.

7. It is needless to say that any tool or instrument or vehicle used for illegal quarrying / transportation of sand is liable to be seized under Section 21(4) of the Mines and Minerals(Development & Regulation) Act, 1957 and any vehicle or instrument or tool which has been seized under Section 21(4) of the Mines and Minerals (Development & Regulation) Act, 1957, is liable to be confiscated. 8.With regard to the third petitioner herein, this criminal original petition is dismissed.

sd/- 11/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE JUDICIAL MAGISTRATE NO.III TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3 THE INSPECTOR OF POLICE SAMAYAPURAM POLICE STATION, TRICHY.

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

ORDER

IN CRL OP(MD) No.8532 of 2024 Date :11/06/2024 SS/VR/SAR- /18/06/2024/5P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5