Madras High CourtCRL OP(MD)/12535/2022partly allowed

Muruganantham v. The Inspector Of Police

2022-07-12Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 12/07/2022 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN 1.Muruganantham 2.Maran @ Rathi Maran ... Petitioners/Accused 1 & 3 Vs State Rep.by The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

(Crime No.183 of 2022).

... Respondent/Complainant For Petitioners : M/s.Arunprasad.A, 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.183 of 2022 on the file of the respondent Police.

ORDER : The Court made the following order :- The petitioners/Accused Nos.1 & 3, apprehending arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 I.P.C r/w 21(1) of Mines and Minerals (Development & Regulation) Act, 1957, in Crime No.183 of 2022 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners have illegally transported 1⁄2 unit of river sand each by using two Bullock carts. Therefore, the present case came to be registered. 3.The learned counsel for the petitioners submitted that the petitioners are innocent and they have been falsely implicated in this case. However, to show their bona fide, the petitioners have come forward to pay a sum of Rs.7,500/- (Rupees Seven Thousand Five hundred only) each to the credit of Cr.No.183 of 2022 before the trial Court concerned.

4.The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioners have transported 1⁄2 unit of river sand each illegally by using two Bullock Carts. He 1/3

further submitted that there is one previous case similar in nature pending against the first petitioner herein and one previous case pending against the second petitioner under other IPC. 5.Considering the previous case pending against the first petitioner, which is similar in nature, this Court is not inclined to grant anticipatory bail to the first petitioner. Accordingly, this criminal original petition is dismissed in respect of the first petitioner.

6.Second petitioner is concerned he has no previous case of similar in nature. Therefore, considering the nature of minerals involved in this case and his willingness to deposit a sum of Rs.7,500/- (Rupees Seven Thousand and Five Hundred only) to the credit of Crime Number, this Court is inclined to grant anticipatory bail to the second petitioner alone.

7.Accordingly, this Criminal Original Petition is allowed in respect of the second petitioner alone on condition that the second petitioner shall deposit a sum of Rs.7,500/- (Rupees Seven Thousand and Five Hundred only) to the credit of Cr.No.183 of 2022 before the trial Court concerned, without prejudice to his rights and contentions before the trial Court.

8.On such deposit being made, the second petitioner is ordered to be released on bail in the event of arrest or on his appearance, before the learned Judicial Magistrate No.III, Thanjavur, on condition that the second 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 second petitioner shall appear before the respondent police daily at 10.30 a.m. until further orders. The second petitioner shall comply with the condition stipulated under Section 438 Cr.P.C. scrupulously.

9.The second 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/- 12/07/2022 / TRUE COPY / /07/2022 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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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 MAGISTRATE NO.III, THANJAVUR.

2 DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3 THE INSPECTOR OF POLICE, AYYAMPETTAI POLICE STATION, THANJAVUR DISTRICT.

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

ORDER

IN CRL OP(MD) No.12535 of 2022 Date :12/07/2022 RS/VR/SAR.3 (18.07.2022) 3P-5C 3/3