Krishnakumar v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 19/07/2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Krishnakumar ... Petitioner/Accused No.4 Vs The Inspector of Police, Sapdur Police Station, Peraiyur Taluk, Madurai District.
Crime No.96 of 2024.
... Respondent/Complainant For Petitioner : Mr.R.Babu Jaganath,Advocate For Respondent : Mr.M.Sakthi Kumar, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.96 of 2024 on the file of the Respondent Police.
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ORDER : The Court made the following order :- The petitioner, apprehending arrest at the hands of the respondent Police, in connection with a case in Crime No.96 of 2024, for the offence punishable under Section 379 IPC r/w Sections 4(1)(1A) and 21(1) of Mines & Minerals (Development & Regulation) Act, 1957, has filed this petition seeking anticipatory bail.
2. The case of the prosecution is that the petitioner has illegally transported 1/2 unit of stream soil in a tractor. Hence, the case. 3.When the earlier application in Crl.O.P(MD)No.9302 of 2024 was taken up for hearing, considering the antecedent of the petitioner, that petition was dismissed.
4. Today, the learned counsel appearing appearing on either side have clarified that apart from this case, the petitioner is having two previous cases and not three previous cases.
5.Considering the clarification made by the learned counsel appearing appearing on either side, considering the facts and circumstances of the case, the quantity of the mineral, this Court is inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is ordered and the petitioner is ordered to be released on bail in the event of his arrest or on his appearance within a 2/5
period of fifteen days from the date of receipt of a copy of this order, before the concerned learned Judicial Magistrate on condition that (i) the petitioner shall execute a bond for a sum of Rs.25,000/-(Rupees Twenty Five Thousand), with two sureties each for a like sum to the satisfaction of the learned Judicial Magistrate, Peraiyur, Madurai District. (ii) The petitioner shall deposit a sum of Rs.15,000/- to the credit of the Crime No.96 of 2024, pending before the respondent police. (iii)The petitioner and the sureties shall submit a copy of their Aadhaar Card or any other identity card issued by the government in proof of their residence address; (iv) The petitioner shall appear before the respondent police as and when required for interrogation. He has to co-operate for the investigation.
(v) The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. (vi) On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.
7. It is needless to say that any tool or instrument or vehicle used for illegal quarrying / transportation of sand is liable to be seized under Section 21(4) of the Mines and Minerals(Development & Regulation) Act, 1957 and any vehicle or 3/5
instrument or tool which has been seized under Section 21(4) of the Mines and Minerals (Development & Regulation) Act, 1957, is liable to be confiscated. sd/- 19/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
LR TO THE JUDICIAL MAGISTRATE PERAIYUR, MADURAI DISTRICT.
DO-THROUGH :
THE CHIEF JUDICIAL MAGISTRATE, MADURAI DISTRICT.
THE INSPECTOR OF POLICE SAPDUR POLICE STATION, PERAIYUR TALUK, MADURAI DISTRICT.
THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
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+1 CC to M/s.R.BABU JAGANATH, Advocate ( SR-8206[I] dated 22/07/2024 )
ORDER
IN CRL OP(MD) No.10642 of 2024 Date :19/07/2024 PKP/GS/SAR /30.07.2024/ 5P/ 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5