Chinrajmeeran Alias Irumbukadai Meeran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26/07/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM CRL OP(MD). No.10548 of 2019 Chinrajmeeran @ IrumbukaDai Meeran ... Petitioner/Accused No.2 Vs State rep. by The Inspector of Police, Natham Police Station, Dindigul District.

(Cr.No.521/2019).

... Respondent/Complainant For Petitioner : M/s.S.Sarvagan Prabhu, Advocate.

For Respondent : Mr.V.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory bail in Cr.No.521/2019 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 of IPC r/w 21 (1) of Mines and Minerals (Development and Regulation) Act, 1957, and 181 (4) Motor Vehicles Act, 1988, in Crime No. 521 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 as per the FIR, the petitioner only attempted to take river sand. He further submitted to A1 was already arrested and remanded to judicial custody. He further submitted that the petitioner is not having any bad antecedents and hence, he prayed for grant of anticipatory bail to the petitioner. 4.Per contra, the learned Additional Public Prosecutor appearing for the respondent has submitted that the petitioner has attempted to take river sand without any valid permission. However, he fairly conceded that no similar type of case is pending against the petitioner and A1 was already was arrested and remanded to judicial custody.

5.Taking into consideration of the fact that the petitioner has only attempted to take river sand and also the fact that no previous case is pending against the petitioner and also the fact that A1 was already arrested, 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 their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Natham, 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) If the petitioner fail to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

(ii) 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. (iii) the petitioner shall not tamper with evidence or witness either during investigation or trial.

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

(v) 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].

(vi) If the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

sd/- 26/07/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE NATHAM 2 DO-THROUGH :

THE CHIEF JUDICIAL MAGISTRATE, DINDUGAL DISTRICT. 3 THE INSPECTOR OF POLICE NATHAM POLICE STATION, DINDIGUL DISTRICT 4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT,MADURAI.

+1. CC to M/S.S.SARVAGAN PRABHU Advocate SR.No.12419

ORDER

IN CRL OP(MD) No.10548 of 2019 Date :26/07/2019 dss JMN/PN/SAR-1/01.08.2019/3P-6C