Hariharan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 20.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI
1. Hariharan
2. Boomi @ Deva
3. Barath ... Petitioners/Accused Nos. 2 to 4
Versus
State Rep. by The Inspector of Police, Thiruvaiyaru Police Station, Thanjavur District.
(Crime No. 319 OF 2024) ... Respondent/Complainant For Petitioners: Mr.M.Prabu, 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.319 of 2024 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioners, apprehending arrest at the hands of the respondent Police, in 1/5
connection with a case in Crime No.319 of 2024, for the offence under Section 379 IPC and Section 21(1) of Mines and 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 12 bags of river sand in two wheelers.
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. However, they have been falsely implicated in this case. Therefore, he prays for grant of anticipatory bail to the petitioners.
4. The learned Government Advocate (Crl. Side) submits that the petitioners are not having any previous case.
5. Considering the nature of offence, the quantity of mineral and also considering the fact that the petitioners are not having any previous case, this Court is inclined to grant anticipatory bail to the petitioners. 2/5
6. Accordingly, this Criminal Original Petition is ordered 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 learned Judicial Magistrate on condition that (i) the petitioners 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, Thiruvaiyaru, Thanjavur District. (ii) 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;
(iii) The petitioners shall appear before the respondent Police daily at 10.30 a.m. for a period of two weeks and thereafter, as and when required for interrogation. They have to co-operate for the investigation. (iv) The petitioners shall not misuse the liberty granted to them 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 petitioners, 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 3/5
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/- 20/06/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY TO THE JUDICIAL MAGISTRATE, THIRUVAIYARU, THANJAVUR DISTRICT.
DO THROUGH:
THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT @ KUMBAKOBAM.
THE INSPECTOR OF POLICE THIRUVAIYARU POLICE STATION, THANJAVUR DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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ORDER
IN CRL OP(MD) No.9030 of 2024 Date :20/06/2024 PKP/JGB/SAR /01.07.2024/ 5P/ 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5