Kumar v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 08/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM Kumar ... Petitioner/Accused No.3 Vs State Rep.by The Inspector of Police, Patteeswaram Police Station, Thanjavur District.

in Crime No.93 of 2019 ... Respondent/Complainant For Petitioner : M/s.K.Mahalakshmi, Advocate. For Respondent : M/s.V.Neelakandan, Additional Public Prosecutor PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- for Anticipatory bail in Crime No.93 of 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 offence punishable under Section 379 IPC r/w Section 21(4) of the Mines and Minerals (Developmnet Regulation) Act, 1957, seeks anticipatory bail.

2.Heard both side.

3.The learned counsel appearing for the petitioner has submitted that the petitioner is an innocent person and he did not commit any offence as alleged by the prosecution. 4.The learned Additional Public Prosecutor appearing for the respondent police has submitted that the petitioner and other accused illegaly transported twenty units of river sand and hence, he opposed this petition. However, he faily conceded that the petitioner is not having any previous case.

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5.Taking into consideration of the fact that the petitioner is not having any previous case, this Court is inclined to grant anticipatory bail to the petitioner with certain conditions. 6.Accodingly, the petitioner is ordered to be released on bail in the event of arrest or his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Kumbakonam, Thanjavur 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] if the petitioner fails to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

[b] before executing the bond,the petitioner shall deposit a sum of Rs.90,000/-(Rupees Ninty Thousand only) to the credit of Crime No.93 of 2019 before the learned Judicial Magistrate, Kumbakonam, Thanjavur District, without prejudice his contentions. [c]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 for the interrogation.

[d] the petitioner shall not tamper with evidence or witness either during investigation or trial.

[e] the petitioner 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 petitioner in accordance with law as if the conditions have been imposed and the petitioner 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]. [g] If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 08/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO

1. THE JUDICIAL MAGISTRATE, KUMBAKONAM, THANJAVUR DISTRICT.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THANJAVUR DISTRICT AT KUMBAKONAM.

3. THE INSPECTOR OF POLICE, PATTEESWARAM POLICE STATION, THANJAVUR DISTRICT.

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

+1. CC to M/S.K.MAHALAKSHMI Advocate SR.No.13426

ORDER

IN CRL OP(MD) No.10976 of 2019 Date :08/08/2019 MS/VR/SAR-1/19.08.2019/3P.6C 3/3