Madras High CourtCRL OP(MD)/9038/2024ordered

Ramasamy v. The Inspector Of Police

2024-06-20Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 20.06.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI 1.Ramasamy 2.Selvakumar 3.Muthu ... Petitioners/Accused 3,5 & 6 Vs State Rep by The Inspector of Police, Kattuputhur Police Station, Trichy District.

(Crime No.170 of 2024) ... Respondent/Complainant For Petitioners : 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.170/2024 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 police for the alleged offence punishable under Section 379 IPC r/w Section 21(4) of the Mines 1/4

and Minerals (Development & Regulation)Act, 1957 in Cr.No.170 of 2024 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners and other accused have illegally transported 1⁄4 units of river sand. 3.The learned counsel appearing for the petitioners submits that the petitioners have realised their mistake and in order to show their bonafide, they have deposited a sum of Rs.10,000/- in favour of the "Chief Educational Officer, Trichy'' for the welfare of the Government School students.

4.Considering this change in the attitude of the petitioners, this Court is inclined to grant bail to the petitioners with some conditions. 5.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 learned District Munsif cum Judicial Magistrate, Thottiyam 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 District Munsif cum Judicial Magistrate, Thottiyam 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 2/4

Government in proof of their residence address; ii. The petitioners shall appear before the respondent police daily at 10.30 am for a period of fifteen days. He has to co-operate for the investigation.

iii. The petitioners shall file an affidavit of undertaking before the respondent police that they will not indulge in any offence in future.

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. The petitioners shall be available for the trial as well.

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.

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.

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GNS TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THOTTIYAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, KATTUPUTHUR POLICE STATION, TRICHY DISTRICT.

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

+1 CC to M/s.K.ARUN RAJ, Advocate ( SR-6757[I] dated 20/06/2024 ) ORDER IN CRL OP(MD) No.9038 of 2024 Date :20/06/2024 SA/JGB/SAR. /05.07.2024/4P/6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4