Madras High CourtCRL OP(MD)/8599/2024ordered

Rajesh v. The Inspector Of Police

2024-06-12Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/06/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Rajesh, ... Petitioner/Sole Accused Vs The State represented by The Inspector of Police, Kattuputhur Police Station, Trichy District Cr.No.165 of 2024.

... Respondent/Complainant For Petitioner : Mr.K Arunraj,Advocate For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime no.165 of 2024 on the file of the respondent police 1/5

ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.165 of 2024, for the offence punishable under Section 379 IPC and Section 21(4) of Mines & Minerals (Development & Regulation) Act, 1957, has filed this petition seeking anticipatory bail.

2. The case of the prosecution is that the petitioner has illegally transported one unit of river sand in bullock cart. Hence, the case.

3. The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.Side) appearing for the respondent Police submits that two previous cases are pending against the petitioner. 5.The learned Counsel for the petitioner also submits that in order to show the petitioner's bonafide, the petitioner is prepared to pay a sum of Rs.20,000/- to the Credit of Chief Educational Officer, Trichy District.

6. Considering the facts and circumstances of the case, the quantity of the mineral and also considering the submission made by the learned counsel for the 2/5

petitioner, this Court is inclined to grant anticipatory bail to the petitioner.

7. Accordingly, this Criminal Original Petition is ordered and the petitioner 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 concerned 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 learned District Munsif cum Judicial Magistrate, Thottiyam, Trichy District. (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 appear before the respondent police as and when required for interrogation.

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. (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. 7.The Petitioner is directed to pay a sum of Rs.20,000/- to the credit of the Chief Educational Officer, Trichy District, (Account No.34571662621, IFSC Code No.SBIN0000930, MICR No.62002002) State of Bank of India, Branch Name:Trichy.

8.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. sd/- 12/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

LR TO THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THOTTIYAM, TRICHY DISTRICT.

DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

THE INSPECTOR OF POLICE THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION, TRICHY DISTRICT 4/5

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

COPY TO THE CHIEF EDUCATIONAL OFFICER TRICHY DISTRICT.

+1 CC to M/s.K.ARUN RAJ, Advocate ( SR-6393[I] dated 12/06/2024 )

ORDER

IN CRL OP(MD) No.8599 of 2024 Date :12/06/2024 PKP/GS/SAR /20.06.2024/ 5P/ 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5