Manivel v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 27/11/2020 PRESENT The Hon'ble Mr.Justice G.K.ILANTHIRAIYAN CRL OP(MD). No.13570 of 2020 Manivel ... Petitioner/Sole Accused Vs The State Rep. by The Inspector of Police, Valanadu Police Station, Trichy District.

Cr No.419/2020. ... Respondent/Complainant For Petitioner : M/s.An.Ramanathan, Advocate. For Respondent : Mrs.M.Ananthadevi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For an Anticipatory Bail in Crime No. 419 of 2020 on the file of the respondent police.

ORDER : The Court made the following order :- The petitioner/sole accused, who apprehend arrest at the hands of the respondent police for the offence punishable under Section 379 of IPC r/w. Section 21(1) of Mines and Minerals(Development and Regulation) Act, seeks anticipatory bail.

2.The case of the prosecution is that when the defacto complainant and the other officials were under surveillance, the petitioner said to have illegally transported 3 units of well sand by using Tipper Lorry. Hence, a case has been registered. 3.Heard the learned counsel appearing for the petitioners and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

4.The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the transported sand is well sand, which was dugged in a well from Patta land of one Palani.

While transporting the same, a false case has been foisted by the respondent police and the petitioner is not having previous case similar in nature. Hence, he seeks anticipatory bail to the petitioner.

5.The learned Government Advocate (Crl. Side) appearing for the respondent Police would submit that when the defacto complainant and the other officials were under surveillance, the petitioner said to have illegally transported 3 units of well sand by using Tipper Lorry.

6.Considering the facts and circumstances of the case and also considering the fact that the transported sand is only well sand, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions.

7. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of two weeks from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Manaparai, Trichy 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: (a)the petitioner 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 petitioner shall report before the respondent police as and when required for interrogation.

(c)the petitioner shall not tamper with evidence or witness either during investigation or trial;

(d)the petitioner shall not abscond either during investigation or trial;

(e)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;

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

sd/- 27/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE JUDICIAL MAGISTRATE, MANAPARAI, TRICHY DISTRICT.

2. DO-THROUGH : THE CHIEF JUDICIAL MAGISTRATE, TRICHY DISTRICT.

3. THE INSPECTOR OF POLICE, VALANADU POLICE STATION, TRICHY DISTRICT.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.13570 of 2020 Date :27/11/2020 DSS TE/AKM/SAR-II : 03/12/2020 : 3P/5C