Nachiappan @ Achiyappan v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 14/06/2024 PRESENT THE HON`BLE MR.JUSTICE B.PUGALENDHI 1.Nachiappan @ Achiyappan, 2.Adaikalaraju, ... Petitioners/Accused No.2 and 3 Vs The Inspector of Police, Inamkulathur Police Station, Trichy District Crime No.31/2024.

... Respondent/Complainant For Petitioners : Mr.S.Sathya Chidambaram.

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.31/2024 on the file of the respondent police ORDER : The Court made the following order :- The petitioners, who apprehend arrest at the hands of the respondent 1/5

police for the alleged offence punishable under Section 379 of IPC r/w Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.31 of 2024 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners were in possession of 3 units of gravel in a four wheeler.

3.The learned counsel appearing for the petitioners submits that the petitioners have been falsely implicated in this case, though they are in no way connected with the offence.

4..The learned Additional Public Prosecutor appearing for the respondent submits that the investigation in this case is yet to be completed. He further submits that no previous case is pending as against these petitioners. 5.Considering the facts and circumstances of the case and considering the fact that no previous case is pending as against these petitioners, this Court is inclined to grant anticipatory bail to the petitioners. 2/5

6.Accordingly, this criminal original petition is allowed and 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 Court No.V, Trichy on condition that the petitioners 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 Judicial Magistrate No.V, Trichy and on further conditions that: i. The petitioners 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;

ii. The petitioners shall appear before the respondent police daily at 10.30 a.m., until further orders.

iii. The petitioners shall not misuse the liberty granted to them by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioners shall be available for the trial as well. iv. On violation of any of the above conditions by the petitioners, the 3/5

respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 14/06/2024 / TRUE COPY / /06/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN TO 1 THE JUDICIAL MAGISTRATE NO.V TRICHY.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY.

3 THE INSPECTOR OF POLICE INAMKULATHUR POLICE STATION, TRICHY DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1 CC to M/s.S.SATHYA CHIDAMBARAM, Advocate ( SR-6577[I] dated 18/06/2024 ) 4/5

ORDER

IN CRL OP(MD) No.8735 of 2024 Date :14/06/2024 SS/GS/SAR- /26/06/2024/5P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5