Kombaiah 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 Kombaiah ... Petitioner/Accused No.4 -VsState Rep.by The Inspector of Police, Murappanadu Police Station, Thoothukudi District.

Crime No.180 of 2019 ... Respondent/Complainant For Petitioner : M/s.M.Prabu, Advocate.

For Respondent : M/s.Anantha Devi, Government Advocate (Crl.Side) PETITION FOR ANTICIPATORY BAIL Under Sec.438 of Cr.P.C PRAYER :- For Anticipatory Bail in Crime No. 180 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 of IPC in Crime No.180 of 2019, seeks anticipatory bail. 2.The learned counsel appearing for the petitioner has submitted that the petitioner is a College Student and he has not committed any offence and he has been falsely implicated in the above case. However, he has further submitted that the petitioner is ready to deposit the cost of the sand. Hence, he prayed for grant of anticipatory bail to the petitioner.

3.The learned Additional Public Prosecutor appearing for the respondent has submitted that there are totally four accused. He further submitted that the petitioner along with other accused persons has transported 1 unit of river sand illegally without any 1/3

permit. Hence, he opposed to grant anticipatory bail to the petitioner. However, he conceded that the petitioner has no previous case and the vehicle used for committing the offence was recovered. 4.Taking into consideration of the fact that the petitioner is a College Student, also the fact that the petitioner has no previous case, also the fact that the vehicle used for committing the offence was recovered and the petitioner is ready to deposit the cost of the sand, this Court is inclined to grant anticipatory bail to the petitioner by imposing certain conditions.

5. Accordingly, the petitioner is ordered to be released on bail in the event of arrest or on his appearance, within a period of fifteen days from the date of receipt of a copy of this order, before the learned Judicial Magistrate, Srivaikundam on condition that the petitioner 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 Magistrate concerned and on further condition that: (i)Before executing bail bond, the petitioner shall deposit a sum of Rs.3,750/- (Rupees three thousand seven hundred and fifty only) to the credit of Cr.No.180 of 2019 before the learned Judicial Magistrate, Srivaikundam, without prejudice to his contentions before the trial court.

(ii)If the petitioner fails to surrender before the concerned Magistrate within a period of 15 days, this order shall stand automatically cancelled.

(iii) the petitioner shall report before the respondent police as and when required before the respondent police for interrogation. (iv) the petitioner shall not tamper with evidence or witness either during investigation or trial.

(v) the petitioner 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 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 229-A IPC.

sd/- 13/08/2019 / 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, SRIVAIKUNDAM.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, THOOTHUKUDI DISTRICT.

3. THE INSPECTOR OF POLICE, MURAPPANADU POLICE STATION, THOOTHUKUDI DISTRICT.

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

+1. CC to M/S.M.PRABU Advocate SR.No.13464

ORDER

IN CRL OP(MD) No.11319 of 2019 Date :13/08/2019 MS/VR/SAR-2/20.08.2019/3P.6C 3/3