Vallarasu v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 10.07.2024 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI Vallarasu ... Petitioner/Sole Accused Vs The Inspector of Police, Ayyampettai Police Station, Thanjavur District.

(Crime No.584 of 2024) ... Respondent/Complainant For Petitioner : Mr.A.Arun Prasad, Advocate For Respondent : Mr.P.Kottaichamy, Government Advocate(Crl.side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticpatory Bail in Crime No.584 of 2024 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 Section 303(2) BNS r/w Section 21(4) of the 1/5

Mines and Minerals(Development and Regulation) Act, 1957 in Crime No.584 of 2024 on the file of the respondent police, seeks anticipatory bail. 2.The case of the prosecution is that the petitioner has illegally transported 1⁄4 unit of river sand by using bullock cart.

3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Further, he is ready and willing to deposit a sum of Rs.15,000/- in favour of the "Chief Educational Officer, Thanjavur" for the welfare of the Government Schools.

4.The learned Government Advocate(Crl.side) for the respondent submits that the petitioner is having two previous cases pending, which are similar in nature. 5.Considering the facts and circumstances of this case and the willingness of the petitioner, this Court is inclined to grant anticipatory bail to the petitioner. 2/5

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 No.III, Thanjavur on condition that 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 No.III, Thanjavur and on further conditions that: i. 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;

ii. The petitioner shall appear before the respondent police daily at 10.30 am until further orders. He has to co-operate for the investigation. iii. As per the undertaking given by the petitioner, he shall deposit a sum of Rs.15,000/-(Rupees Fifteen Thousand only) in favour of the "Chief Educational Officer, Thanjavur" for the welfare of the Government Schools.

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iv. The petitioner shall not misuse the liberty granted to him by indulging in any further offence and shall not tamper with the prosecution witnesses. The petitioner shall be available for the trial as well. v. On violation of any of the above conditions by the petitioner, the respondent police shall move an application for cancellation of the anticipatory bail.

sd/- 10/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

GNS 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.

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COPY TO:

THE CHIEF EDUCATIONAL OFFICER, THANJAVUR.

+1 CC to M/s.A.ARUN PRASAD, Advocate ( SR-7705[I] dated 10/07/2024 )

ORDER

IN CRL OP(MD) No.10180 of 2024 Date :10/07/2024 SS/JGB/SAR- /16/07/2024/5P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 5/5