Periyasamy v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 16/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.9980 of 2019 Periyasamy ... Petitioner/Accused No.5 Vs State represented by The Inspector of Police, Sivagiri Police Station, Tirunelveli District Cr.No.274 of 2019.

... Respondent/Complainant For Petitioner : M/s.R.Kathiresapeumal, Advocate.

For Respondent : Mrs.M.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Cr.No.274 of 2019 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 offences punishable under Section 379 (Sand) of IPC in Crime No.274 of 2019, seeks anticipatory bail.

2. Heard both sides.

3.The learned counsel appearing for the petitioner has submitted that the petitioner has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. He further submitted that even as per the FIR, the

petitioner has transported 3⁄4 unit of sand illegally. The petitioner is not having any bad antecedent and hence, he prayed for grant of anticipatory bail to the petitioner.

4.Per contra, the learned Government Advocate (Crl. Side) appearing for the respondent has submitted that the petitioner has transported 3⁄4 unit of sand by using tractors without any valid permission. However, she fairly conceded that no similar type of case is pending against the petitioner.

5.Taking into consideration of the fact that no previous case is pending against the petitioner, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

6. Accordingly, 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 District Munsif Cum Judicial Magistrate Court, Sivagiri, 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 respondent Police or to the Police Officer, who intends to arrest or to the satisfaction of the learned Magistrate concerned and on further condition that:

[i]the petitioner shall deposit a sum of Rs.11,250/- (Rupees Eleven Thousand two hundred and Fifty only) to the credit of Crime No.274 of 2019 before the District Munsif Cum Judicial Magistrate Court, Sivagiri, Tirunelveli District, without prejudice his defence before the trial Court;

(ii) If the petitioner fails to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

(iii) the petitioner shall report before the respondent police daily at 10.30 a.m for a period of three weeks and thereafter, as and when required before the respondent police for interrogation. (iv) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(v) the petitioner shall not abscond either during investigation or trial.

(vi) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action against the petitioners in accordance with law as if the conditions have been imposed and the petitioners 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]. (vii) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 16/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE DISTRICT MUNSIF-CUM-JUDICIAL MAGISTRATE COURT, SIVAGIRI, TIRUNELVELI DISTRICT DO THRO THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT 3 THE INSPECTOR OF POLICE, SIVAGIRI POLICE STATION, TIRUNELVELI DISTRICT, CR.NO.274 OF 2019 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.R.KATHIRESAPEUMAL Advocate SR.No.11812

ORDER

IN CRL OP(MD) No.9980 of 2019 Date :16/07/2019 vsg JM-I/VR/SAR-3/22.07.2019/3P-6C