Jaishankar v. The Sub-Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 03/09/2021 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Jaishankar, ... Petitioner/Accused No.2 Vs The state rep by The Sub-Inspector of Police, Sattur Taluk Police Station, Virudhunagar District.
(Cr.No. 178 of 2021).
... Respondent/Complainant For Petitioner : M/s. Solaisamy.M., 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. 178 of 2021 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the alleged offence punishable under Sections 379 IPC and r/w Section 21(1) of Mines and Minerals (D & R) Act, 1957, in Crime No.178 of 2021, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner has illegally transported three unit of stone by using tipper lorry bearing Registration No.TN-32 & 2034. 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.
1/3
4.The learned Government Advocate (Crl. Side) for the respondent police submitted that the petitioner has transported three units of stone illegally in tipper Lorry. He further submitted that there is no previous case pending against the petitioner herein.
5.Considering the facts and circumstances of the case and also the fact that the petitioner has not involved in any other offences, this Court is inclined to grant anticipatory bail to the petitioner. 6.Accordingly, this criminal original petition is allowed and the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate Court No.II, Sattur, 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 on further conditions that:
[a]the petitioner and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhaar card or bank pass book to ensure their identity.
[b]the petitioner shall report before respondent police as and when required for interrogation.
[c]the petitioner shall not tamper with the evidence or witness either during investigation or trial.
[d]the petitioner shall not abscond either during investigation or trial.
[e]On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji vs. State of Kerala [(2005)AIR SCW 5560]. [f]If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.
sd/- 03/09/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
tta 2/3
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.II, Sattur.
2. Do Through The Chief Judicial Magistrate, Virudhunagar District at Srivilliputtur.
3. The Sub-Inspector of Police, Sattur Taluk Police Station, Virudhunagar District.
4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.M.SOLAISAMY, Advocate ( SR-6022[I] dated 07/09/2021 ) ORDER IN CRL OP(MD) No.12569 of 2021 Date : 03/09/2021 TR/SKN/SAR-IV(14.09.2021) 3P 6C 3/3