Mohan v. The Inspector Of Police,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 21/06/2023 PRESENT The Hon`ble Mr.Justice G.K.ILANTHIRAIYAN

1. Mohan,

2. Balu@Balasubramanian, ... Petitioners/Accused No.2&3 Vs State rep by The Inspector of Police,, Thiruneelakudi Police Station Thanjavur District.

Crime No.427/2023.

... Respondent/Complainant For Petitioners :Mr. K. M.Karunakaran, Advocate.

For Respondent : Mr.B.Thanga Aravindh, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No.427 of 2023 on the file of the Respondent Police.

ORDER : The Court made the following order :- The petitioners/A2 and A3, who apprehend arrest at the hands of the respondent police for the offences punishable under section 379 I.P.C., and section 21(1) of Tamil Nadu Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.427 of 2023 on the file of the respondent police, seek anticipatory bail. 2.The case of the prosecution is that the petitioners said to have illegally transported 1 1⁄2 units of river sand . Hence, a case has been registered.

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3. Heard both sides and perused the materials available on record including the First Information Report. 4.Considering the facts and circumstances of the case and also considering the fact that there is no previous case pending against the petitioners, this court is inclined to grant anticipatory bail to the petitioners with certain conditions.

5.Accordingly, the petitioners are ordered to be released on bail in the event of arrest or their appearance, within a period of two weeks from the date of receipt of a copy of this order, before the Judicial Magistrate, Thiruvidaimaruthur on condition that the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees Ten thousand only) each 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 failing which, the petition for anticipatory bail shall stand dismissed and on further condition that (a)the petitioners and the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b)the petitioners shall deposit a sum of Rs.25,000/- *(Rupees Twenty Five Thousand only) as non refundable deposit by way of Demand Draft/RTGS/NEFT to the M.S.Chellamuthu Trust and Research Foundation, Alagarkovil, Madurai (Account No.11194450660, IFSC CodeSBIN0001479, State Bank of India, Vinayaganagar Branch, No.8, Dr.Ambedkar Road, Madurai-20)without prejudice to his defence before the trial Court and on such deposit being made, the learned Judicial Magistrate shall accept the sureties furnished by the petitioner; (c)the petitioners shall report before the respondent police daily at 10.30 a.m for a period of two weeks and thereafter, as and when required for interrogation;

(d)the petitioners shall not tamper with evidence or witness either during investigation or trial;

(e)the petitioners shall not abscond either during investigation or trial;

(f)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]; and;

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(g)if the accused/petitioner thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 21/06/2023 (*) FOR BEING MENTIONED AS PER ORDER OF THIS COURT DATED 05.07.2023 IN CRL OP(MD) No.11087 of 2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO TO BE SUBSTITUTED WITH THE ORDER DATED 21.06.2023 ALREADY DESPATCHED 1.The Judicial Magistrate, Thiruvidaimaruthur.

2. do through The chief Judicial Magistrate Thanjavur@Kumbakonam

3. The Inspector of Police,, Thiruneelakudi Police Station Thanjavur District.

4. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Copy to:

The Officer Incharge, M.S.Chellamuthu Trust and Research Foundation, Alagarkovil, Madurai.

+1 CC to M/s.K.M.KARUNAKARAN, Advocate ( SR-9254[I] dated 21/06/2023 )

ORDER

IN CRL OP(MD) No.11087 of 2023 Date :21/06/2023 DL/VS(27.06.2023)/ 3P/ 7C ED/ (10.07.2023)/ 3P/ 7C 3/3