K. Prakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 13/08/2019 PRESENT The Hon`ble Mr.Justice P.RAJAMANICKAM 1.K.Prakash 2.Ariyakannan ... Petitioner/Accused No.4 and 3 Vs State rep by The Inspector of Police, Sakkottai Police Station, Sivagangai District.

Crime No. 223 of 2019. ... Respondent/Complainant For Petitioners : M/s.A.Balaji, 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 Crime No.223 of 2019 on the file of the Respondent Police.

ORDER : The Court Made the following order :- The petitioners, who apprehend arrest at the hands of the respondent police for the offences punishable under Sections 379 of IPC and Section 21(4) of Mines and Minerals (Development and Regulation) Act, 1957 in Crime No.223 of 2019, seek anticipatory bail.

2.The learned counsel appearing for the petitioners has submitted that the petitioners are innocent and they have not committed any offence and they have been falsely implicated in the above case. However, he has further submitted that the petitioners are ready to deposit the cost of the damage. Hence, he prayed for grant of anticipatory bail to the petitioners. 1/3

3.The learned Additional Public Prosecutor appearing for the respondent has submitted that there are totally four accused in this case. The petitioners along with other two accused persons have attempted to transport 1 unit of sand illegally, without any permit. On seeing the Police, the petitioners ran away from the scene of occurrence and vehicles used were seized. Hence, he opposed to grant anticipatory bail to the petitioners. However, he conceded that the petitioners have no previous. 4.Taking into consideration the fact that the petitioners have no previous case, also the fact that the vehicles used were seized and the petitioners are ready to deposit the cost of the damage, this Court is inclined to grant anticipatory bail to the petitioners by imposing certain conditions.

5. Accordingly, the petitioners are 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, Karaikudi, on condition that each of the petitioners shall execute a bond for a sum of Rs.10,000/- (Rupees ten thousand only) each 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 Judge concerned and on further condition that:

(i)Before executing bail bond, each of the petitioners shall deposit a sum of Rs.3,750/- (Rupees three thousand seven hundred and fifty only) to the credit of Cr.No.223 of 2019 before the learned Judicial Magistrate, Karaikudi without prejudice to his contentions before the trial court.

(ii)If the petitioners fail to surrender before the concerned Judge within a period of 15 days, this order shall stand automatically cancelled.

(iii) the petitioners 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.

(iv) the petitioners shall not tamper with evidence or witness either during investigation or trial.

(v) the petitioners shall not abscond either during investigation or trial.

(vi) On breach of any of the aforesaid conditions, the learned Magistrate/Trial Court is entitled to take appropriate action 2/3

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]. [vii) If the accused thereafter absconds, a fresh FIR can be registered under Section 229A IPC.

sd/- 13/08/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE JUDICIAL MAGISTRATE, KARAIKUDI.

2.THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.

3.THE INSPECTOR OF POLICE, SAKKOTTAI POLICE STATION, SIVAGANGAI DISTRICT.

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

+1. CC to Mr.A.BALAJI Advocate SR.No.13449

ORDER

IN CRL OP(MD) No.11299 of 2019 Date :13/08/2019 vs TK/VR/SAR.1/20.08.2019/3P/6C 3/3