Manickam @ Manickavasagam v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 10/08/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.10940 of 2021
1. Manickam @ Manickavasagam,
2. Kumar @ Kameshkumar, ... Petitioners/Accused No.3 &4 Vs The State rep. by The Inspector of Police, Peravurani Police Station, Thanjavur District (Cr.No.612 of 2021).
... Respondent/Complainant For Petitioner : Mr.Karunakaran K.M., Advocate.
For Respondent : Mr.T.Senthilkumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.612/2021 on the file of the Respondent Police ORDER : The Court made the following order :- The petitioner/A3 and A4, who apprehend arrest at the hands of the respondent police for the alleged offences punishable under Sections 379, 430 of IPC r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.612 of 2021, seek anticipatory bail.
2.The case of the prosecution is that on 26.06.2021, the petitioners had illegally transported one unit of kanmaai sand by using Tractor. Hence, the complaint.
3.The learned counsel for the petitioners submits that the petitioners innocent persons and they are falsely implicated in this case. Further, he would submit that the petitioners have no previous case.
4.
The learned Government Advocate (Criminal Side), on
instructions, would submit that the petitioners had illegally transported one unit of kanmaai sand without permit. He would further submit that no other case of similar nature is pending against the petitioners.
5. Considering the fact that the petitioners have no previous case of similar nature and the mineral that is transported is kanmaai sand, this Court is inclined to grant anticipatory bail to the petitioners and hence, this petition is allowed.
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 Judicial Magistrate, Pattukottai, 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 Magistrate concerned and on further conditions that:
[a]the petitioners and the sureties shall affix their photographs and Left Thumb Impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity.
[b]the petitioners shall report before respondent police daily at 10.30 am., until further orders.
[c]the petitioners shall not tamper with the 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 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]. [f]If the accused thereafter abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 10/08/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
mbi Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO 1 THE JUDICIAL MAGISTATE PATTUKOTTAI.
2 DO-THROUGH :THE CHIEF JUDICIAL MAGISTRATE, THANJORE DISTRICT.
3 THE INSPECTOR OF POLICE PERAVURANI POLICE STATION, THANJAVUR DISTRICT 4.THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
ORDER
IN CRL OP(MD) No.10940 of 2021 Date :10/08/2021 CN/PN/S3(24.08.2021) 3P 5C