Sudalaiyandi v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN CRL OP(MD). No.12464 of 2022 Sudalaiyandi ... Petitioner/Sole Accused Vs State rep.by The Inspector of Police, Koodankulam Police Station, Koodankulam, Tirunelveli District.
(Crime No.259/2022).
... Respondent/Complainant For Petitioner : M/s.Sankara Pandian J, Advocate For Respondent : Mr.P.Kottai Chamy, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.259 of 2022 on the file of the Respondent Police.
ORDER : The Court made the following order :- The petitioner/Accused, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Section 379 I.P.C, in Crime No.259 of 2022, on the file of the respondent police, seeks anticipatory bail.
2. The case of the prosecution is that the accused had illegally transported 1⁄4 unit of odai sand by using bullock cart. Therefore, the present case came to be registered.
3. The learned counsel for the petitioner submitted that the petitioner is innocent and he has been falsely implicated in this
case. However, to show his bona fide, the petitioner has come forward to pay a sum of Rs.2,500/- (Rupees Two Thousand and Five Hundred Only) to the credit of Cr.No.259 of 2022 before the trial Court concerned.
4. The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner has transported mineral illegally. He further submitted that the petitioner is having previous cases, which are not similar in nature.
5. Considering the nature of the mineral involved, the petitioner is having previous cases, which are not similar in nature and his willingness to pay a sum of Rs.2,500/- (Rupees Two Thousand and Five Hundred Only) to the credit of Crime Number, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is allowed on condition that the petitioner shall deposit a sum of Rs.2,500/- (Rupees Two Thousand and Five Hundred Only) to the credit of Cr.No.259 of 2022 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.
7. On such deposit being made, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate, Radhapuram, Tirunelveli District, on condition that the petitioner shall execute a bond for a sum of Rs.10,000/- (Rupees Ten Thousand only) with two sureties each for a like sum to the satisfaction of the learned Magistrate concerned and the petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.
8. The petitioner shall appear before the concerned Magistrate within a period of 15 days from the date on which the order copy made ready, failing which, the petition for anticipatory bail stands dismissed Sd/- 11/07/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.III) Madurai Bench of Madras High Court, Madurai - 625 023.
PNM
TO
1. THE JUDICIAL MAGISTRATE, RADHAPURAM, TIRUNELVELI DISTRICT.
2. -DO- THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.
3. THE INSPECTOR OF POLICE, KOODANKULAM POLICE STATION, KOODANKULAM, TIRUNELVELI DISTRICT.
4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1. CC to M/S.SANKARA PANDIAN J Advocate SR.No.7048
ORDER
IN CRL OP(MD) No.12464 of 2022 Date :11/07/2022 SP/SVR/SAR III/18/07/2022/3P/6C