Palaniyandi 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 A.A.NAKKIRAN
1. Palaniyandi
2. Gayathri ... Petitioners/Accused No.1 & 2 Vs The Inspector of Police,, Musiri Police Station, Musiri, Trichy District.
(Crime No. 188/2024.) ... Respondent/Complainant For Petitioners :
M/s.K Arunraj, Advocate.
For Respondent :
Mr.M.Vaikkam Karunanithi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.482 of BNSS PRAYER :- For Anticipatory Bail in Crime No.188 of 2024 on the file of the Respondent police.
ORDER : The Court made the following order :- The petitioners/accused, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 303(2) of the Bharatiya Nyaya Sanhita (BNS), 2023 r/w. 21(1) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.188 of 2024, seek anticipatory bail. 1/4
2.The case of the prosecution is that the petitiners herein have illegally transported one unit of rough stone by using Tractor and the same has been recovered. Hence the complaint.
3.The learned counsel for the petitioners would submit that the petitioners are innocents and they have not committed any offence as alleged by the prosecution. 4.The learned Government Advocate(Crl.Side) would submit that the property has been recovered and there is no previous case pending against the petitioners. 5.Considering the facts and circumstances of the case and also considering the fact that there is o previous pending against the petitioners, this Court is inclined to grant anticipatory bail to the petitioners with certain conditions. 6.
Accordingly, the petitioners are ordered to be released on bail in the event of their arrest or their appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Musiri on condition that the petitioners shall execute a bond for a sum of Rs.
card or Bank pass Book to ensure their identity; (b)the petitioners shall report before the respondent police daily at 10.30 am for a period of two weeks and thereafter, as and when required for interrogation; (c)the petitioners shall not tamper with evidence or witness either during investigation or trial;
(d)the petitioners 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 abscond, a fresh FIR can be registered under Section 229-A IPC.
sd/- 19/07/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
TRP 3/4
To 1.The Judicial Magistrat, Musiri.
2.Do through the Chief Judicial Magistrate, Trichy District.
3.The Inspector of Police, Musiri Police Station, Trichy District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-8209[I] dated 22/07/2024 )
ORDER
IN CRL OP(MD) No.10848 of 2024 Date :19/07/2024 ED/ JGB /SAR- (31/07/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4